MATTOON - A lawsuit has been filed in connection with the April building collapse in downtown Mattoon.

The lawsuit seeks damages in excess of $50,000 from Swearingen Brothers Inc. on behalf of Matthew Swearingen, a worker for Swearingen Brothers Excavating of Toledo, according to a lawyer representing the plaintiff. Swearingen is seeking compensation for injuries he suffered April 23 in the building collapse.

"We are suing a corporation, not his employer, who is his father, Monty Swearingen. Monty is the sole proprietor of Swearingen Brothers Excavating, which is different from Swearingen Brothers Inc.," said Brendan Kevenides, a Chicago attorney who filed the lawsuit in Coles County Circuit Court.

Documents for the lawsuit, filed Thursday, state that Swearingen suffered broken bones in his back, pelvis, face and wrist when part of the structure fell on him on the morning of April 23 during demolition work on the old Helen Montgomery Building.

An attorney for Swearingen Brothers Inc. did not return calls on Tuesday.

Swearingen was injured and trapped under debris, while Red Boruff, another worker on the demolition, was killed. A third worker, Denny Thornton, managed to crawl out of the collapsed building.

The demolition was being completed on the Montgomery Building, in the 1700 block of Broadway Ave., as part of a downtown redevelopment project tied to the Old Illinois Central Railroad Depot, just west of the building.

Debris was removed within days of the collapse, and that property will be paved over for parking on the depot project that is designed to draw tourism to Mattoon.

The old Gowin's Restaurant building stood to next to the Montgomery Building, and it has been purchased by the city of Mattoon. Current plans call for the demolition of that building due to its deteriorating condition. It has been closed for business since the nearby building collapse in April.

Herb Meeker can be reached at hmeeker@;jg-tc.com or 238-6869.