The parents of Noah Benardout have accused bosses at Viacom, production company Free 90 Media and other defendants of negligence in their 24-year-old son's death - he was killed in a car accident caused by series employee Jacob Gralitzer in Los Angeles on 1 August.
According to legal documents obtained by PageSix, Marc and Marie Benardout insist their son may still be alive if Gralitzer wasn't allowed to "get even more intoxicated" before he left the premiere party for Lights Out and got behind the wheel of a car.
"Plaintiffs are informed and believe and thereon allege Defendants Viacom, Free 90, and DOES 1-10 knew that Gralitzer was going to drive his car home from the party but did nothing to stop it," the parents wrote in the filing submitted to the Los Angeles Superior Court on Tuesday, September 10.
Marc and Marie claim the producers are to blame for encouraging drunk party attendees to drive by providing a valet service at the premiere. The parents also allege they know of "at least one person" who told Gralitzer at the event that he was too drunk to drive himself home.
Noah was walking on the sidewalk when an Acura crashed into him following a collision with Gralitzer's Infinity vehicle.
Gralitzer, who was let go from Spade's show, was arrested for gross vehicular manslaughter and driving while under the influence for the fatal accident. He faces a $10,000 (£8,000) and up to 10 years in jail if convicted of the charges.
Comedian Spade has not been cited as a defendant in the Benardouts' lawsuit.