WASECA — A judge will decide within 90 days whether a wrongful death lawsuit involving a former Minnesota State University football player will go forward.

Fred Statz had just left Waseca High School where he coached football in November 2012 when he collided with a semi at an intersection and died of his injuries.

Statz’s parents sued the Minnesota Department of Transportation because the agency changed the intersection from a four-way to a two-way stop just days before the crash without any notification. The Free Press reports Bill and Kathy Statz say MnDOT was negligent in controlling the intersection.

MnDOT argues it has discretion to make changes to the signage at the intersection and is asking a judge to dismiss the lawsuit.