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JACKSON COUNTY, Ala. (WHNT) – Casey Durham, of Langston, Alabama, was hit by a car 1,700 miles away in Ogden, Utah on June 13. He remains in a coma at a Utah hospital.

His closest family members, his brother Steven Montgomery and their mother told News 19 they’ve had to uproot their lives in Alabama to try and ensure he receives the care he needs in Utah.

Montgomery tells News 19 that McKay-Dee Hospital in Utah declared his brother brain dead just days after he was run over by a car.

Durham was visiting Utah with a friend from Alabama at the time of his injuries. His family wants him transferred to a facility closer to Alabama for a second opinion on the ‘brain death’ diagnosis. So far, that request has yet to be fulfilled. That’s why he’s taking legal action against the hospital in hopes something changes.

Montgomery claims doctors told him because of his brother’s diagnosis, his body wouldn’t heal properly. But he says from what he can see, says his brother’s physical injuries have healed and his organs continue to function.

“I’m ready for either outcome of this you know, it’s not a denial type of thing,” Montgomery said. “We’re ready for my brother to either pass or be treated and we will rejoice either way. But also, you know, his entire body state has improved and it started improving immediately. Everything they told us that would not happen, happened. It gave me even more of a drive to just fight for what I believe, because I feel it’s just not what they say.”

As Durham’s family continues their legal battle against the hospital on his behalf, they must continue to stay in Utah. Both Montgomery and his mother have been unable to work due to their emergency stay.

To support the legal costs and their living expenses, Durham’s family has started a GoFundMe.

We’ve reached out to McKay-Dee Hospital about the allegations. We’re awaiting a response.