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Madison Square Garden Settles with Family of Dead Boy, Report Says

By DNAinfo Staff on November 8, 2010 7:20pm

By Jordan Heller

DNAinfo Reporter/Producer

MANHATTAN — Madison Square Garden settled a multimillion dollar lawsuit accusing its vendors of continuing to serve alcohol to an already drunk off-duty cop who, after leaving the arena, crashed his car into another automobile, leaving a little boy dead and his mother in a near-vegetative state, the New York Post reported on Monday.

The deal was agreed to by Carlos Zelaya, whose two-year-old son, Jose Carlo, and wife, Ruth, then 37, were victims of the wreck on Jan. 23, 2007, according to the paper.

Kevin Freibott, an off-duty Jersey City policeman, was heading home from an NCAA tournament game at the Garden when his SUV crashed into the Zelayas. His blood-alcohol level was more than three times the legal limit, reported the Post.

Though MSG policy prohibits vendors from serving visibly drunk patrons, Freibott admitted entering the arena after having at least eight beers. While at the Garden, Freibott had 10 to 12 more beers, according to the paper.

The settlement amount has not been announced, but it is estimated to be at least $8 million, reported the Post.

Freibott was convicted of vehicular manslaughter and is currently serving 11 years in a New Jersey prison.

An MSG spokesman declined to comment.