Kelly Holleran Oct. 10, 2013, 6:54am

The estate of a recently deceased man filed suit against the son of Troy homeowners who caused injuries to the man during a brawl at a party, according to recently filed court documents.

Charles Tyler Gammon filed a lawsuit Oct. 3 in Madison County Circuit Court against Paul D. Hesse, Taya C. Hesse and Alexander Hesse.

In the complaint, Gammon’s estate alleges he sustained eye, lower back and wrist injuries during a party at 308 Orchard Court in Troy. Alexander Hesse allegedly attacked Gammon on Oct. 29, 2011, without warning, according to the complaint.

“At the time of the injury, plaintiff was merely standing in the backyard of defendants’ residence engaging in a conversation with other participants at the party or social gathering,” the suit states. “While conversing with other participants at the party or gathering, Alexander committed an assault and battery on plaintiff’s person without warning.”

According to the complaint, Gammon died in April of causes unrelated to the alleged attack. But before his death, he filed for legal action against the named defendants. 

In addition to his injuries, Gammon incurred medical costs and other expenses of more than $50,000.

In addition to Alexander Hesse, Gammon’s estate names Alexander Hesse’s parents as defendants, saying they negligently failed to warn Gammon of their son’s vicious nature, failed to confine their son and failed to prohibit their son from social gatherings.

In Gammon’s estate’s complaint, it seeks an unspecified judgment, plus other relief the court deems just.

Thayer L. Weaver of TLW and Associates in St. Louis will be representing the estate.

Madison County Circuit Court case number: 13-L-1667.

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