A new witness has come forward in the Morgan Harrington murder case.

On October 17, 2009, 20-year-old Virginia Tech student Morgan Harrington was reported missing after leaving a Metallica concert at the University of Virginia's John Paul Jones Arena in Charlottesville. On January 26, 2010, her body was found on an Albemarle County farm.

Harrington's parents are now filing an amended civil lawsuit - replacing a previous one - with new details about the condition Morgan may have been in before she left JPJA that October night.

The civil lawsuit paints a new timeline of how a bystander described encountering a bloodied Morgan Harrington the night of the Metallica concert. According to the suit, the bystander says she saw Harrington in a bathroom at the arena with a two- to three-inch cut on her chin. She says Harrington was bleeding substantially and acting erratically, but the bystander says she did not smell alcohol on Harrington.

"There is new information," says Lee Livingston, Harrington's lawyer.

Reports of the chin injury surfaced early in the investigation, but the depth of the details were never released to the media until now.

The suit says Harrington passed through the front door of the arena - passing in plain view of event staff. The suit further states "she had an obvious wound on her face and RMC staff could see Morgan was incapacitated."   

Harrington's parents are suing Regional Marketing Concepts, Inc. for negligence and breach of contract. They are seeking a total of $3.9 million. They say it's not about the money, it's about holding a third party accountable.

"This case may shed light on whether others who saw her in distress acted in ways to keep her out of harm's way," said Lee Livingston, Harrington's lawyer.

The Harrington family also pointed out a series of 40 assaults at or within a half-mile of the arena between 2004 and 2009, leading up to Harrington's death.

A hearing has been set on the amended complaint for April 18, 2013 at 11 a.m. at Charlottesville Circuit Court.

Spokesperson for the Virginia State Police says the civil lawsuit is not hindering the criminal investigation.