The elderly man whose neck was broken during a confrontation with an Orlando police officer last month is no longer in a coma.

Daniel Daley, 84, was placed in a medically-induced coma after he had surgery to repair a broken vertebra in September.

"His life is certainly not assured, his recovery is certainly not assured," lawyer Mark NeJame said. "It's miraculous he has survived."

Daley's problems began Sept. 18 after he discovered his car was being towed from a parking lot on North Orange Avenue. The World War II veteran was upset that he had to pay the truck driver $50 to remove his car from the lift. Daley had been across the street at The Caboose bar.

Police say Daley was aggressive and belligerent to Officer Travis Lamont, who pushed him to the ground and handcuffed him. Others say Lamont slammed Daley to the pavement on his head.

NeJame said Daley is still being closely monitored by doctors and his condition is "touch and go."

The Orange-Osceola State Attorney's Office declined to press charges against the elderly man. Daley's family said they intend to file a civil lawsuit against the police department and the officer.

Check back for more information.

Bianca Prieto can be reached at bprieto@orlandosentinel.com or 407-420-5620.