Martinez, a 19-year-old who was slated to start as a freshman at Texas Tech, was killed with Dr. David Gonzalez-Gibler rolled his car off N Loop 289 in the early morning of August 15, 2011.
The lawsuit was filed earlier this month in the 99th District Court by Martinez's parents, Melissa and Victor Aguilar.
According to the lawsuit, Martinez, Gonzalez-Gibler and another friend were drinking at Klusoz Martini Bar and Lounge in the Depot District that night.
Klusoz, and the company that owns the bar--Belly Brothers LLC--is named as defendants in the lawsuit.
The lawsuit says employees at Klusoz continued to serve Gonzalez-Gibler alcohol even though he was already drunk and then, the lawsuit says, let him leave the bar and drive home.
The lawsuit also claims Gonzalez-Gibler was negligent by drinking and driving and violating a slew of traffic laws on his way home.
Attorneys for the Aguilars also point out Gonzalez-Gibler, who was a medical resident at University Medical Center, checked out of the hospital against doctor's orders and fled to Laredo, Texas before he was arrested in connection with Martinez's death.