A pedestrian's battery lawsuit against a driver who punched him and against the Collinsville bar that served alcohol to the driver settled on the eve of trial.

Christopher Foote's lawsuit against Justin Lee Baker, Jessica Baker and Ardie and Tiny's tavern had been set to go to trial in Madison County Circuit Judge David Hylla's courtroom on Monday.

Plaintiff's attorney John Leskera of Collinsville on Monday did not reveal what the case settled for on Friday, but did say Illinois law caps the amount people receive in a dram shop action at $58,500.

The case settled with the dram shop insurance carrier, while the battery case against Baker was dismissed, Leskera said.

In his 2010 lawsuit, Foote claimed he attempted to cross St. Louis Road in Collinsville on Jan. 1, 2010, when Baker stopped his vehicle, exited 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 a helicopter transfer from Anderson Hospital in Maryville to St. Louis University Hospital in St. Louis.

Foote claimed he incurred medical costs, experienced post-traumatic stress issues and lost wages.

Jessica Baker was named in the suit for allegedly loaning her 1998 Pontiac van to Justin Baker, knowing he would use the van to create unreasonable risk of harm to others.

Foote sought more than $50,000.

Justin Lee Baker was listed in court documents as a pro se defendant, meaning he would represent himself.

Douglas R. Heise of Heyl, Royster, Voelker & Allen represented Ardie & Tiny's.

Madison County Case number 10-L-384.

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