Former Beverly Hills 90210 star Rebecca Gayheart is being sued by the parents of a 9-year-old boy who was struck by Gayheart’s jeep and later died at Children’s Hospital in Los Angeles.

The parent’s of Jorge Cruz, Jr. are seeking unspecified damages, medical and funeral expenses in the wrongful death suit they filed on Monday. The suit names Gayheart and the owner of the Jeep Grand Cherokee she was driving at the time of the accident, Marco Leonardi.

Attorney Steven Lerman, representing the parents of the boy accused Gayheart of chatting on her cellphone when she allegedly made her way around a stopped car who’s driver was waiting for the child to cross the street. The suit claims that she struck the boy after she passed the stopped vehicle.

Gayheart’s attorney Martin Singer told the Associated Press that, “She was not on a cell phone at any time”, and called those charges “absolutely false”.

The actress released a statement apologizing to the family and said, “Despite the allegations in the lawsuit, the facts will establish that this was a most unfortunate accident. The pain of this tragedy will live with me forever.”