BATON ROUGE -- A judge in Baton Rouge ruled a wrongful death lawsuit stemming from a deadly brawl outside of a bar in Tigerland can move forward, according to the Advocate.

The family of Devin Repath is suing Fred's Bar in Tigerland, where he was involved in a fight in the parking lot last March that resulted in his death.

According to the arrest record, Repath, took a swing at 21-year-old LSU student Matthew Marsiglia during the fight. Marsiglia ducked the punch and shoved Repath, causing him to hit his head on the pavement.

During Monday's hearing, Fred's attorneys argued the bar cannot be sued for negligence because the fight happened after security kicked the men out, according to the Advocate.

That motion was denied.

The Family alleges Fred's violated state liquor laws by overserving Repath after he was too intoxicated.

A grand jury indicted Marsiglia for manslaughter. His next hearing is scheduled for September 22.