Family files lawsuit after man punched, then fatally struck by cab

CHICAGO (WLS) -- A lawsuit was filed Thursday by a family whose loved one was assaulted and then struck and killed by a cab on a Chicago street corner. It happened last February, but now, video is being released of the incident.

At 4:17 a.m. on February 7, 2015, Marques Gaines, 32, buys chips from the River North 7-Eleven after leaving Mother Hubbard's bar next door. He's accosted by a man in the threshold of the 7-Eleven, and moments later, that man drops Gaines with one punch. He's left unconscious in the crosswalk, where others steal his wallet and cellphone. Within two minutes, a cab wheels around the corner and strikes Gaines. Gaines' family is now suing 7-Eleven, as well as the cab companies involved.

"It is the duty of 7-Eleven corporation to provide competent people to protect their stores and their customers because they know that criminals target these stores," attorney Chris Hurley said.

About 20 minutes later, police and onlookers lift the car off Gaines. He was alive, but died in the hospital four hours later, his internal organs crushed.

"Our family has suffered tremendously by this loss," said Drexina Nelson, Gaines' cousin.

Gaines grew up in Georgia with his cousin, Drexina. After college he made his way to Chicago where he earned the nickname "Groomsman". He was loved enough to stand for some 15 friends at their weddings.

"He's a very funloving person who was all about unity. In the video he kind of holds his hands up, and I know he's like, 'I just don't want any trouble,'" Nelson said.

"Security should have locked the door, told the customers to wait and called the police," Hurley said.

His aunt was too upset to speak at the press conference, but had a message for Chicago.

"I just don't understand people today. I don't understand why people don't get more involved in what's going on around you," Phyllis Nelson said.

ABC7 reached out to 7-Eleven corporate offices and the lawyer for the cab companies but did not get a response from either.

However, the 7-Eleven franchisee told me criminal activity is rampant in that part of River North at that hour, and his security guard did the right thing in calling 911.