A man is suing the Sashimi Bar in downtown Bozeman and its liquor license managers, alleging the bar was negligent when it over served a patron who was involved in an accident that killed his daughter in January.

Jimmy Don Gilchrist is asking a jury to award him unspecified damages for the death of his daughter, Stacy Lamb, 36, of Belgrade.

Gilchrist filed the lawsuit in Gallatin County District Court on Tuesday. The complaint accuses the bar of negligence and wrongful death.

The lawsuit names the Sashimi Bar, LLC, and its liquor license managers Ryan Saunders, Joe Domanski and Bryan Hovda as defendants. It also includes any person who may have caused or contributed to the fatal wreck.

In a separate case, an arrest warrant was issued in April for Michael Jon Fragiacomo, the driver, who is charged with felony vehicular homicide. The warrant sets bail at $25,000 for Fragiacomo. As of Wednesday afternoon, he had not been arrested.

The lawsuit alleges Fragiacomo was served alcohol at the Sashimi Bar on Jan. 25, despite already being drunk. Fragiacomo and Lamb were drinking alcoholic beverages before getting to the bar, according to court documents.

The Sashimi Bar served Fragiacomo and Lamb two bottles of sake, four cocktails and one beer, the lawsuit said.

After leaving the bar, Fragiacomo rolled his truck off Interstate 90 near the North Seventh Avenue entrance. An officer who responded to the incident found Lamb dead in the truck’s passenger seat.

The officer noted the smell of alcohol on Fragiacomo’s breath, and court documents said he had little reaction when he learned Lamb was dead.

A Montana Highway Patrol trooper concluded that Fragiacomo lost control of his car and caused his truck to spin off the road, court documents said. The truck hit a post and continued to slide until it went airborne. The truck’s passenger side, where Lamb was sitting, hit a power pole.

Lamb was partially ejected from the truck, court documents said.

A Montana Crime Lab toxicology report showed Fragiacomo had a blood-alcohol concentration of 0.137. It also found Fragiacomo had cocaine in his blood.

Freddy Monares can be reached at fmonares@dailychronicle.com or 406-582-2630. Follow him on Twitter @TGIFreddy.

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