A man who was injured as a passenger in a fatal high speed collision at 100 miles per hour is suing two drivers he believes are responsible, one of which has been convicted of murder in the death of passenger Mercedes Ferrarie-Troisi.

According to a lawsuit filed on April 27 in St. Clair County Circuit Court, Tanner Gestes filed a complaint against Donald J. Friese and Brandy L. Hayes.

Last year, state’s attorney Brendan Kelly charged Friese with murder or action creating a strong possibility of killing or injuring another. The defendant has remained in jail since the crash.

At 4:25 a.m. on April 29, 2013, Gestes was a passenger in a vehicle being driven west on Collinsville Road at 47th Street in Fairmont City, when another vehicle being driven by Friese was driving in the same direction and location at a high rate of speed.

Then Friese hit the rear of the vehicle the plaintiff was riding in, injuring him, the suit states.

At the same time, Hayes was also allegedly driving her vehicle at a high rate of speed when she lost control of and collided with the car in which Gestes was riding.

Both defendants are accused of failing to keep a proper lookout; driving in a way that let her vehicle leave her lane; failing to properly apply her brakes; failing to operate at a safe speed; and failing to equip her vehicle with adequate brakes.

As a result of this alleged negligence on the part of one or both of the defendants, Gestes was made sick, sore, lame, disordered and disabled; suffered extensive injuries to his shoulder, back, head, limbs, neck and to the soft tissue in his cervical, shoulder and lumbar areas. He's also, according to the lawsuit, expended medical expenses; suffered pain and suffering; lost money; and future earning potential.

The plaintiff seeks in excess of $50,000 from one or both defendants, plus costs.

In another related lawsuit, decedent Ferrarie-Troisi's mother seeks damages from the defendants for wrongful death (14-L-544).

The plaintiff is represented by John H. Hustava in Collinsville.

St. Clair County Circuit Court case number 15-L-248

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