Family of Independence High School student killed in bike crash sues driver

Emily R. West | The Tennessean

A Williamson County family is suing a local businessman for $20 million after he struck and killed their daughter while she was cycling on Coleman Road in mid-May.

Marty and Melissa Fitzgerald filed the lawsuit on June 25 in Williamson County Circuit Court on behalf of their daughter Megan Fitzgerald.

The accident report obtained by The Tennessean says James Osborn, 75, was driving his 2017 Chevy Silverado truck when he struck the Independence High School senior.

The incident happened May 9, and LifeFlight personnel were called to the scene. Williamson County Sheriff's Office deputies shut down the rural road for hours afterward. Members of the Williamson County District Attorney's office are currently reviewing evidence to determine if any criminal charges are merited. Fitzgerald ultimately died of her injuries a day after the crash.

The lawsuit is filed against Osborn and his two businesses: Osborn Enterprises Inc. II and Osborn Enterprises Inc. III.

Attorney Brian Manookian — who will represent the family — said the purpose of the suit was so the family could begin healing.

"The family is seeking answers and ultimately closure," Manookian said.

The accident report

Fitzgerald was riding her bike westbound on Coleman Road when Osborn struck her, according to the accident report from the sheriff's office.

Osborn struck her in his vehicle in a front-to-rear collision, the diagram from the report shows. The truck was driving straight when the incident occurred.

What caused the accident is unknown, according to the report.

A blood test of the driver is pending. Officers on the scene found no evidence of drugs or alcohol, the report stated.

The lawsuit

Fitzgerald was captain of the swim team and planned to attend Southern Illinois University to study biomedical engineering to become a specialist in prosthetics.

She was scheduled to graduate nine days after her death, which was caused by a brain hemorrhage and cardiac arrest, according to the lawsuit. Fitzgerald donated her organs that remained salvageable.

"The violence with which Osborn struck Fitzgerald immediately destroyed her bicycle and her body," the lawsuit stated. "Megan was carried and thrown well forward of the impact by the force. She came to rest in a yard by the side of the road with devastating internal injuries. She would never again regain consciousness."

According to the lawsuit, the incident could have been avoided.

The suit alleges Osborn was "negligent and reckless."

"As a direct and proximate result of the defendants' negligent conduct and violations of these laws, the plaintiffs have suffered pain, physical injuries, including death, and economic injuries," the lawsuit stated. "The conduct of Osborn in attempting to pass and overtake Fitzgerald in an illegal and dangerous manner constituted a known, substantial, and unjustifiable risk of such a nature that its disregard constituted a gross deviation from the standard of care applicable."

When reached for comment, Osborn said he hadn't seen any lawsuits regarding the case and hung up the phone.

Reach Emily West at erwest@tennessean.com or 615-613-1380 and on Twitter at @emwest22.