SAN DIEGO, Calif. (KGTV) — The family of a beloved City Heights grandfather who died after a brutal assault inside a popular South Bay bar has filed a wrongful death lawsuit.
“We’ve lost a lot…no birthdays with him. No holidays with him,” said Frances Nayar.
On the night of April 15th, Nayar says her fatherJose Perez Fong went to Papagayos Cantinaand Grill to celebrate a recent promotion at work.
“My dad was just trying to come here to have a good time with his friends,” she said.
Nayar says after midnight her father was on the dance floor when he was punched and kicked in the head by a man who police have now identified as 38-year-old Bernabe Bahena Rivera.
Nayar says it’s unclear what led up to the assault. Her father died six days later.
“Now my baby is going to grow up without a grandfather. My dad was a really loving man. He was a really good grandpa,” she said, tearfully.
The family has now formally filed a wrongful death lawsuit against Bahena Rivera and Papagayos.
“There was no security whatsoever on duty that evening,” said attorney John Gomez.
The lawsuit alleges that Papagayos “failed to provide adequate security measures” – and that this wasn’t the first assault to happen on site.
“In fact the only time that employees of Papagayos took action was to move his body off the dance floor so the party could go on,” said Gomez.
In the meantime, the family is renewing their plea for the public’s help in finding Bahena Rivera who still has not been arrested.
“Please come forward. And just give our family a little bit of peace,” said Nayar.
Attorney Gomez added his firm is urging people to call them with any information about this assault or any other prior incidents that may have taken place at Papagayos Cantina and Grill.
