Zak JensenThe Stillwater Gazette has reported that the family of the late Josh Gunderson filed a wrongful death lawsuit against The Ultimate Fighter 10 cast member Zak Jensen in a Washington County Court late Thursday, along with a man by the name of Jason Jones and Sterling Systems, which is owned by Jones. All of which have been accused of negligence in Gunderson’s death.

The lawsuit was formally filed by Elizabeth Gunderson Koll, mother to the deceased Josh Gunderson on his behalf.

According to published reports, Gunderson died in Puerto Vallarta, Mexico during a March vacation along with Jensen and a female by the name of Ashley Jones. Apparently Jensen was working for the Jones family as a bodyguard.

While details surrounding exactly what happened that fateful day in Mexico are still coming to the surface, below is an account of what went on by the Stillwater Gazette:

A statement included with the court documents offers the first accounts of what happened prior to Gunderson’s death.

Concierge Ma de Lourdes Becerra Perez said she got involved when she heard a woman talking loudly on the phone, saying “There is nothing I can do, he is not breathing.” She then saw Jensen run down the stairs in a bloody white shirt.

Ashley Jones was trying to close her suitcase and talking on her cell phone when Perez arrived in the room. She said, “I’m going to the airport now,” and Jensen added that “Her parents are trying to get a flight to go back home,” Perez said.

When Perez asked what happened, Jensen told her he woke up to Jones’ screaming, “Get off of me.” He said he got up and saw Josh on top of her and attacking her. Jensen told Perez he took Gunderson away from her but had to defend himself when Gunderson turned on him.

Gunderson walked toward the bathroom and Jensen went to console Jones, Perez recalled Jensen saying. They then heard a “strong noise” in the bathroom. Jensen walked into the bathroom and found Gunderson.

Perez said his head was on the edge of the shower and his right leg was elevated and in the toilet when she saw him.

Jensen began crying and saying the he just defended himself, Perez recalled. He then said that he tried to give him mouth to mouth and CPR.

Perez said she had to tell the bell boy to stop Jones when she saw her walking fast toward the lobby. She later disappeared after she allegedly told a security employee that she had to make a phone call.

Jensen remained in the room “pulling his hair and crying,” said Perez, who recalled him saying, “He shouldn’t be with her … He was liking her but she didn’t.”

“I’m speaking for my son,” said Elizabeth Gunderson Koll. “I just don’t know how these people can live with themselves and go on with their lives and not speak to us.”

Jensen’s management was not immediately available for comment. Stay tuned to FiveOuncesofPain as we keep you up to date on this still developing story.