The mother of a Winamac 8th Grader who was killed on a school bus earlier this month filed a wrongful death lawsuit on Tuesday.

13 year-old Owen Abbott was killed when a National Rent-A-Fence truck driven by Tyler Perry hit the bus on U.S. 31 near Argos in Marshall County while it was on a field trip. Abbott’s mother Britni Fritz is now suing the company that owned the truck, as well as the driver. The suit seeks a jury trial and monetary damages.

Fritz’s lawsuit claims Perry operated the truck “in a careless and negligent manner” and holds his employer liable.

To date, police have neither arrested nor cited Perry for his role in the crash.