Trial to start Monday in pedestrian's battery case against driver
A trial is expected to start Monday in Madison County involving a pedestrian who says that a Fairview Heights man stopped his vehicle, exited it and punched him in the head out of the blue two years ago on New Year's Day.
Christopher Foote filed the lawsuit April 6, 2010, against Justin Lee Baker, Jessica Baker, and Ardie and Tiny's, a tavern serving alcohol.
Foote claims he attempted to cross St. Louis Road in Collinsville on Jan. 1, 2010, when Baker, who drove on the same road, stopped his vehicle, exited it and punched him without provocation.
According to the complaint, Baker drank alcoholic beverages at Ardie and Tiny's in Collinsville before the incident, causing his intoxication and violent nature.
Because of Baker's actions, Foote suffered a closed head injury necessitating his transportation by helicopter from Anderson Hospital to St. Louis University. Foote incurred medical costs, experienced post-traumatic stress and lost wages, the suit states.
In addition, Foote's quality of life has diminished, the complaint says.
Jessica Baker was named in the suit for allegedly loaning her 1998 Pontiac van to Justin Baker, knowing that he would use the van to create unreasonable risk of harm to others.
Foote seeks a judgment exceeding $50,000.
Justin Baker denies the allegations. Defendant Ardie & Tiny's also deny the allegations.
John H. Leskera of Leskera Law Firm in Collinsville represents the plaintiff.
Justin Lee Baker is a pro se defendant, meaning he will represent himself.
Douglas R. Heise of Heyl, Royster, Voelker & Allen represents Ardie & Tiny's.
Circuit Judge David Hylla will preside.
Madison County Circuit Court case number: 10-L-384.
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