Family of man stabbed to death in New York bar sues him for negligence

A deadly bar fight in Queens got out of control in part because the bartender continued to serve alcohol to an already drunk customer. The customer was accused of later stabbing a man in the head with a knife, according to a lawsuit.

Elliott Ortiz was killed in the bloody brawl in September after he was repeatedly attacked with knives at Kelly’s Pub in downtown Flushing.

The 45-year-old’s family claims the pub continued to serve alcohol to Jason Schuler in a “reckless and negligent” manner. Schuler was arrested and charged with murder after Ortiz was found unconscious in the bar’s doorway with a stab wound to the head.

Schuler was also stabbed six times in the back, but survived.

In a lawsuit filed June 27 in Queens Supreme Court against bar owner WWMD Corp., Ortiz’s family alleged that workers continued to give Schuler, 40, who lives in the Bland Houses in downtown Flushing, alcohol even after he was already drunk.

The Ortiz family also claims that security measures at the bar were inadequate.

Ortiz, who lived four blocks from Kelly’s home, did nothing to provoke the violence, court records show.

Ortiz, who leaves behind his father, wife, dog and large family, will be remembered as a “great worker” who was always willing to help others, according to an obituary.

“With his infectious laugh, he was always the life of every party… it’s no wonder that it was never boring when he was there,” it continued.

Schuler, who has pleaded not guilty, is being held without bail and is due in court later this month.

WWMD could not be reached for comment.