AUBURN — A nightclub is being sued for serving a woman who was involved in a fatal accident on New Year’s Day in Livermore.

Kathleen Berry filed the lawsuit against the Sapphire Nightclub and Event Center in Auburn after her husband was killed, the Sun Journal reported. An attorney for the nightclub filed a motion to dismiss the lawsuit last month.

Berry claims in the lawsuit that the nightclub was “negligent and reckless” when it served alcohol to Sarah Clark of Farmingdale on Dec. 31. Police say Berry’s 31-year-old husband was killed when the car he was riding in was struck by a car driven by Clark.

Clark has pleaded not guilty to charges that include manslaughter and aggravated criminal operating under the influence.