Man in coma sues driver over injuries

Kelly Holleran Oct. 1, 2010, 4:12am

A man has filed suit against the driver who left him in a coma after striking him with his vehicle.

Brent A. Fulton claims he was standing at the Community Club Park in Okawville on July 8 when defendant Tyler D. Young collided with him.

"That while Defendant Young was operating his motor vehicle, at or near the time of the collision with Plaintiff, Defendant Bialeschki made loud noises and wild movements, causing Defendant Young to be distracted, and unable to keep a proper lookout for others," the suit filed Sept. 16 in St. Clair County Circuit Court states.

As a result of the collision, Fulton suffered injuries to his head and has been placed in a coma that he has yet to regain consciousness from, the complaint says. In addition, he incurred medical costs, lost wages and his normal life and suffers from substantial pain, according to the complaint.

Fulton blames Young for causing the collision, saying he failed to keep a proper lookout, drove too fast, put excessive pressure on the accelerator when Fulton was in close proximity to his vehicle and failed to warn Fulton that he would drive away when it was not safe to do so. Fulton also names Bialeschki as a defendant, saying she failed to use reasonable care not to distract Young.

Young has defended himself, saying he was acting in self defense from Fulton, who was allegedly punching at Young through his open driver's side window.

"That plaintiff Brent A. Fulton, at the times referenced herein, had concern for the safety and well-being of Abby L. Bialeschki and intended to defend her from Tyler D. Young, and likewise, Tyler D. Young allegedly was in self-defense of himself and Abby L. Bialeschki as he alleged that 'he could possibly be killed or hurt' and that Abby L. Bialeschki told Tyler D. Young that Brent A. Fulton was 'psycho' and 'just go get away from him,'" the suit states. "That Defendant Tyler D. Young further alleges that he didn't intend to hurt anybody and that he 'freaked out' and hit the gas as a 'normal reaction,' but '[o]nce he realized the tires were spinning [he] slowed down.'"

In his complaint, Fulton is seeking a judgment of more than $200,000, plus costs and other relief the court deems just.

Thomas G. Maag and Peter J. Maag of Maag Law Firm in Wood River will
be representing him.

St. Clair County Circuit Court case number: 10-L-480.

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