SIOUX FALLS, S.D. (KELO) — We first brought you the story of South Dakota teacher, D.J. Toczek in August. Toczek suffered a traumatic brain injury and other problems after being hit on the interstate by a man who was high, drunk and running from the law.
Toczek is suing over a dispute with his health insurance company, which has staked a claim to his auto insurance settlement to cover his medical bills.
Toczek’s attorneys say he’s entitled to keep the money under South Dakota law because he is the victim of a crime.
Toczek made his first appearance in court today in Pennington County. Another hearing in the case is scheduled for December 6th.