Updated: 10/29/2009 10:49 PM KSTP.com | Print |  Email
By: Michelle Knoll & Colleen Mahoney

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Oak Park Heights Family Files Lawsuit in Son's Death 

The family of an Oak Park Heights man who died while on spring break in Mexico filed a wrongful death lawsuit in Washington County Court late Thursday.

The civil lawsuit reveals new details from the medical examiner and a hotel worker about what happened to then 20-year-old Josh Gunderson before he died in March.

Liz Gunderson-Koll says there are two other people who have information, but have chosen not to share it. Ashley Jones and Zachery Jensen were on the trip with Josh Gunderson. The lawsuit alleges Jensen and Gunderson fought and then he died.

"I'm speaking for him. He's not here to speak, he needs to be heard," said Gunderson-Koll.

An autopsy ordered by the family shows Gunderson had wounds to his face, and that he ultimately choked on his own vomit. The medical examiner says that could have happened because of a struggle.

The concierge at the Sheraton Hotel told authorities Jensen said "I just defended myself. He was attacking me." They claim he also said "he shouldn't be with her. He was liking her and she didn't."

"We want deposition testimony from individuals in the room when Josh died," said attorney John Magnuson.

The concierge said he ordered Ashley Jones to stay, but she left the hotel before authorities arrived and headed home. Her family had no comment Thursday night.

Zach Jensen had no comment either. But his parents did share their thoughts.

"Alcohol was the responsible party here, way too much alcohol. That should be the focus," said Karen Jensen.

Medical reports show Gunderson had a blood alcohol level of .12.

"Zach did the right thing. He was Dudley Do-Right as he has been his whole life. He stayed there," said Bob Jensen,

Gunderson's family will hold a news conference Friday to give even more details about the investigation and lawsuit.


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