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Max Randolph Childs, a/k/a Randy Childs v. United States of America
Case Number: 1:20-CV-373
Judge: Terry F. Moorer
Court: United States District Court for the Southern District of Alabama (Mobile County)
Defendant's Attorney: Keith A. Jones and Nina Towie Herring
Description: Mobile, Alabama personal injury car wreck lawyer represented Plaintiff who sued Defendant on a federal tort claims act auto negligence theory.
On June 12, 2017, Childs drove his work vehicle to the Creek Travel Plaza, which is located near an exit off of Interstate 65. Audio file: Investigator Incident Interview of "Randy" Childs (June 12, 2017). Childs previously stopped at the travel plaza on numerous occasions. Id. At the travel plaza, Childs parked his work vehicle in the fueling area, exited his vehicle, then walked from the fueling area to the travel plaza to purchase a water. Id. As Childs walked from the fueling area to the travel plaza, Poarch Creek Tribal Police Officer James Dean ("Officer Dean"), pulled up to the travel plaza and parked his police cruiser parallel to the travel plaza curb. Id.; Video file: Creek Travel Plaza Surveillance Video (June 12, 2017). Childs saw Officer Dean's police cruiser "sitting" at the curb before he entered the travel plaza. Audio file: Investigator Incident Interview of "Randy" Childs (June 12, 2017). Childs exited the travel plaza after approximately six (6) seconds, which is approximately the amount of time he is out of frame on the Creek Travel Plaza surveillance video from the date of the incident. Video file: Creek Travel Plaza Surveillance Video (June 12, 2017). While Childs was inside the travel plaza, the police cruiser slowly moved forward toward the travel plaza entrance, and when Childs exited the travel plaza and walked toward the fueling area, he turned to his left and waved to two individuals who were located near the travel plaza, behind him. Id. Childs said he saw Officer Dean's police cruiser "parked" when he exited the travel plaza. Audio file: Investigator Incident Interview of "Randy" Childs (June 12, 2017). The police cruiser moved forward, parallel to the travel plaza curb, and on Childs's right side. Video file: Creek Travel Plaza Surveillance Video (June 12, 2017). When Childs stepped off of the curb from the travel plaza to the fueling area, his trajectory placed him in the path of the police cruiser, which hit Childs. Id. Childs did not look to his right before he stepped off of the curb from the travel plaza to the fueling area. Id. Childs said, "[Officer Dean] looked away about the time I looked away and we both started at the same time," and, "if we were walking through the mall, we would have knocked eachother's stuff out of our hands." Audio file: Investigator Incident Interview of "Randy" Childs (June 12, 2017). Childs said he felt a "bump," felt his right leg bend under the police cruiser, then was knocked down. Id. Childs said he was not hit hard and estimated the police cruiser was moving at approximately "two, three, four" miles per hour when he was hit. Id.
In an incident report that Officer Dean completed, he stated:
On this date, 06/12/2017, I, Officer James Dean was dispatched to Creek Travel Plaza to escort a clerk to United Bank for a deposit when I struck a pedestrian with my patrol vehicle. Prior to the incident, I noticed the pedestrian standing on the curb outside of the travel plaza. As I approached the curb area, I reached over to the passenger seat to remove equipment that was occupying that seat. I was coming to a stop when I looked up [and] saw [Childs] step from the curb into the path of my patrol car. It seems as if contact was made simultaneously as I looked up. After contact, I immediately exited my vehicle [and] rendered assistance to [Childs.] I told employees of the travel plaza to notify EMS as I contacted a supervisor.
Outcome: 03/21/2023 REFERRAL OF 86 Joint Exhibit List to Judge Moorer. (tot) (Entered: 03/21/2023)
03/22/2023 88 TEXT-ONLY ORDER: The United States' Motion in Limine (Doc. 82 ) is is DENIED as MOOT. Signed by District Judge Terry F. Moorer on 3/22/2023. (mab) Modified on 3/22/2023 (mab). (Entered: 03/22/2023)
03/22/2023 Minute Entry for proceedings held before District Judge Terry F. Moorer: Bench Trial completed on 3/22/2023. Court Reporter Melanie Wilkins. (mab) (Entered: 03/22/2023)
03/22/2023 89 JUDGMENT (text-only) entered in favor of United States of America against Max Randolph Childs for the reasons as set forth on the record at the bench trial held this date. This action is DISMISSED with prejudice. This is a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Terry F. Moorer on 3/22/2023. (mab) (Entered: 03/22/2023)