Family Of Independence Senior Killed In Bike Wreck Sues Driver

FRANKLIN, TN -- The family of an Independence High School senior killed in a bike wreck just days before her graduation is suing the driver, a local Franklin businessman, for $20 million.

The suit filed by Marty and Melissa Fitzgerald, parents of Megan Fitzgerald, alleges that 75-year-old James Osborn was "negligent and reckless" May 9 when his 2017 Chevrolet Silverado pick-up hit the teenager as she was cycling along Coleman Road. Megan Fitzgerald, who was captain of the IHS swim team and planned to attend Southern Illinois University, died from her injuries the next day. Her organs were donated.

Williamson County district attorney-general Kim Helper confirmed her office is reviewing the accident to determine if criminal charges are appropriate.

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According to the accident report, the front of Osborn's truck hit the back of Fitzgerald's bicycle as they were traveling west on Coleman Road. The exact cause of the accident has not been determined and a toxicology report is still pending. Police said there was no indication of drugs or alcohol use at the scene.

The civil lawsuit, filed on the Fitzgeralds' behalf by attorney Brian Manookian, claims that Osborn was attempting to pass Megan when he hit her and that he failed to leave the required three feet between his truck and her bicycle.

"The violence with which Osborn struck Fitzgerald immediately destroyed her bicycle and her body. 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," the suit says.

In addition to Osborn himself, the suit names his two businesses - Osborn Enterprises II, Inc. and Osborn Enterprises III, Inc. - as defendants. Osborn owns Honda of Cool Springs, Kawasaki of Cool Springs and Cool Springs Power Sports.

Osborn declined comment on the suit.

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