Filling Station in St. Charles sued for fight

A Glen Ellyn man is suing his alleged attacker and the Filling Station in St. Charles for injuries sustained in an August fight.

Jason Maurer filed the lawsuit in Kane County Court this week, seeking more than $50,000 damages from the Filling Station and Adam Gruszka.

Gruszka, 26, of the 1700 block of Allen Drive, Geneva, was charged with misdemeanor battery in the Aug. 14 altercation. He is free on $1,000 bond and next due in court on Jan. 20.

In the lawsuit, Maurer claims that personnel from the Filling Station, 300 W. Main St., kicked Gruszka out of the bar for “inappropriate and confrontational behavior” but still let him stand near the front door.

As a result, Gruszka fought with Maurer and his friends when they tried to leave later, the suit argues.

Gruszka and his friends had a confrontation with Maurer and his friends inside the bar before Gruszka was kicked out and the Filling Station failed to protect Maurer by overserving Gruszka and not completely removing Gruszka from the area, the suit argues.

“The Defendant Gruszka struck Jason with a forceful blow to the head. The blow knocked Jason's head into a parked car, and rendered Jason unconscious,” the suit states.

Maurer's attorney, Daniel Fabbri, said his client sustained a “severe concussion” and just recently returned to work as a certified mechanic on a part-time basis.

“He's still suffering from post concussion syndrome,” Fabbri said of Maurer. “He's still having cognitive issues. He's still having memory problems.”

Fabbri also said the Filling Station has refused to show him a security camera tape of the attack and he filed the lawsuit to subpoena the tape and to block it from being erased.

A message left for the Filling Station owner was not immediately returned.

The suit says Maurer suffered personal injury, “disfigurement and disability,” lost wages and medical bills.

J. Brick Van Der Snick, Gruszka's attorney for the battery charge, said his client will take the matter to trial.

“My client didn't do what's alleged in the criminal case,” Van Der Snick said.

The civil case is due in court for an initial hearing on March 10.