Oct 29, 2009 10:57 pm US/Central
Minn. Family Files Wrongful Death Lawsuit For Son
(WCCO)
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The U.S. Consular Agency in Puerto Vallarta confirms that 20-year-old Josh Gunderson of Stillwater, Minn. was found dead in a hotel room just after midnight on March 24.
Gunderson Family
A St. Thomas freshman died last March on a spring break trip to Mexico that was originally called an accident. His family now believes their son was killed by man he knew.
His family's attorney filed a wrongful death lawsuit Thursday. According to the attorney, the autopsy shows it was a fight that killed him.
Josh was found with blood on his face on the bathroom floor of the Sheraton Hotel in Puerto Vallarta.
Josh Gunderson was in Mexico with Zachary Jensen and Ashley Jones that night. Zachary and Ashley are also from Minnesota. Zachary has appeared on Spike TV's "The Ultimate Fighter." He was the one who told the front desk at the hotel that Josh was dead.
Josh's body was flown back to Minnesota where a medical examiner from Anoka County told his parents their son died from asphyxiation.
According to their attorney, John Magnuson, the medical examiner believes it is likely "it was a physical confrontation between Josh and Zachary that lead to Josh's altered state of consciousness, causing him to aspirate and die by asphyxiation."
Zachary Jensen was working for Ashley Jones family as a bodyguard in Mexico. Neither Zachary nor Ashley have talked to Josh's family about what happened in the hotel.
The attorney who is representing Ashley Jones didn't know about the lawsuit filed Thursday. Zachary Jensen did not respond to calls.
A press conference is planned for 11 a.m. Friday morning where Josh Gunderson's family will talk more about the wrongful death lawsuit.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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