***WARNING: This video contains graphic images ***
CHICAGO -- A popular bartender was killed after reportedly getting into an altercation outside a 7-Eleven earlier this year, and then, incredibly, robbed and run over.
Initially his family sued the cab driver but now they’re suing 7-Eleven saying the company and its employees are culpable for his death.
On February 7, 32-year-old Marques Gaines was punched, robbed, and run over by a cab outside the 7-Eleven on North State Street.
Moments before Gaines was in the street, he was inside making a purchase. At the same time, a man walked in and was escorted out by a 7-Eleven security guard.
Security footage shows that after exiting the store, Gaines appeared to get into a confrontation with the man. Gaines was hit and fell to the ground.
As Gaines lay unconscious, someone took items from his pocket.
The 7-Eleven guard called 911.
At that point, a cab turned onto the street and hit Gaines, pinning him underneath.
Cab camera footage shows the struggle to free Gaines.
Eventually, the first responders got to him from underneath the car and rushed him to the hospital where he died.
Phyllis Nelson is Gaines aunt. She is suing 7-Eleven, the cab driver, and two cab companies.
“I can’t understand how somebody could just leave him,” said Phyllis. “That’s the part that hurt me so.”
The lawsuit alleges that 7-Eleven failed to provide a properly trained security guard during the late-night hours.
“The security guard they had on duty, you can see in the video, is doing absolutely nothing to dissipate the situation or help Marquis even after he’s been hit,” said Chris Hurley, the Gaines’ family’s attorney. “He’s remarkably unqualified for the job that he’s in. And he’s been placed there by a corporation who can afford somebody’s who’s properly trained.”
Gaines family has not seen the surveillance video. They say watching it would be too painful.
“It troubles me that no one was really there to help,” said Drexina Nelson, Gaines' cousin. “To know that we lost someone so dear and the way that it happened … I mean it played in our heads over and over again. The feeling has been torment.”
There have been no arrests in this case. The cab driver was not ticketed. Gaines' family hopes someone recognizes the man who strikes him in the video.
WGN News’s attempts tonight to reach 7-Eleven were unsuccessful.