CHARLOTTESVILLE, Va. (WVIR) - A Charlottesville Circuit Court judge says he's not ready to decide if a wrongful death lawsuit about Morgan Harrington will move forward.

At issue Tuesday were the facts of the $3.9 million suit. Harrington disappeared in 2009 during a Metallica concert at the John Paul Jones Arena. Her body was found a few months later on an Albemarle County farm.

The Harrington family's attorney, Lee Livingston, says a bystander at the arena had seen Morgan with a cut on her chin, bleeding and acting erratically. She was barred from returning to the complex.

"We think there is a duty to attend to a person like Morgan - had been injured on the premises, had suffered a head injury,” Livingston said.

"That alone is worth us pursing this avenue to its completion. We've done many things to try to help save the next girl,” Gil Harrington said.

Attorneys for the security company for the arena say the arena didn't kill Harrington; a third party murderer did and so the company should not be held liable.

The judge did not set a timeline for his decision.