OGDEN, Utah. (WHNT) — The family of a Jackson County, Ala. man continues to fight to give their loved one more time to live, as he remains on life support in a Utah hospital. That fight has transitioned into the courtroom.
Casey Durham’s family has been by his side since he was hit by a car in June. They say he was visiting Utah with a friend.
Right now, Durham is a patient at McKay-Dee hospital, over 1700 miles away from his Sand Mountain home.
Durham’s family alleges the hospital declared him brain dead weeks ago, but they believe he’s still alive.
Now the man’s brother, Steven Montgomery, and their mother say they want him transferred to a hospital that’s closer to home. But they tell News 19 that McKay-Dee Hospital has been less than helpful in those efforts and wants to move forward with removing Durham from life support.
Since the parties could not reach an agreement, Durham’s mother Cheryl Montgomery filed a petition with the Weber County court for a preliminary injunction. An effort to temporarily prohibit the hospital from pulling the plug on life support.
Utah District Judge Noel Hyde granted the motion for injunction on July 7.
In a status hearing Friday afternoon, Durham’s mother and her attorney went before Judge Hyde to begin making their case as to Durham’s condition.
The family also brought in an expert witness to testify on their behalf, retired physician, Dr. Paul Byrne.
Montgomery tells News 19 that the hearing lasted four hours before Judge Hyde ultimately continued it until August 15.
Montgomery says it’s been a long, rough journey but his brother deserves a fighting chance.
“He would do the same for me,” he said. “It’s just the right thing to do. I feel like this is the right thing to do to protect and preserve life. We’re very Christian people. I believe in Jesus Christ and our Lord. We believe in natural death and we do not believe that man-made law overpowers God’s natural law of death when the heart stops.”
McKay-Dee Hospital has not responded to our request for comment concerning the allegations.
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