ELECTRONICALLY FILED 11/11/2010 7:53 PM CV-2010-900452.

00 CIRCUIT COURT OF MORGAN COUNTY, ALABAMA JOHN PAT ORR, CLERK

IN THE CIRCUIT COURT OF MORGAN COUNTY, ALABAMA STANFORD MATTHEW MANGHAM, an individual, Plaintiff, vs. ROLANDO MCCLAIN, an individual, Fictitious Defendants A, whether singular or plural, being those persons, corporations, or other entities who or which were the owners of the vehicle being operated by ROLANDO MCCLAIN on November 13, 2008; Fictitious Defendants B, whether singular or plural, being those persons, corporations, or other entities who or which allowed or entrusted a vehicle to ROLANDO MCCLAIN on November 13, 2008, and Fictitious Defendants C, whether singular or plural, being those persons, corporations, or other entities who or which are the successors in interest to any of the above named or fictitiously described party defendants. Plaintiff avers that all of the above and foregoing fictitiously described defendants are otherwise unknown to the Plaintiff at this time or if their correct legal names are known to the Plaintiff at this time, their identity as proper party defendants are not known to the Plaintiff at this time but whose correct and true names will be substituted by amendment when the aforementioned lacking information is ascertained. ) ) ) ) CIVIL ACTION NO. .________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

COMPLAINT Parties 1. The Plaintiff, STANFORD MATTHEW MANGHAM (Mangham or Plaintiff), is over the age of nineteen (19) and is a resident and citizen of the state of Alabama. 2. The Defendant, ROLANDO MCCLAIN (Defendant or Defendant McClain), is over the age of nineteen (19) and is currently employed in the state of California, but is and was a resident of Morgan County, Alabama at all relevant times to this action. 3. The fictitiously described defendants A through C are otherwise unknown to the Plaintiff

at this time or if their names are known to the Plaintiff at this time, their identities as proper party defendants are not known to the Plaintiff at this time but whose true and correct names will be substituted by amendment when the aforesaid lacking information is ascertained. Facts 4. On November 13, 2008, the Plaintiff was lawfully on a public roadway near Bryant Hall at the University of Alabama. 5. At that same time and location, a vehicle operated by Defendant McClain observed and failed to yield to the pedestrian Plaintiff. 6. At said time and place, Defendant McClain caused his vehicle to violently collide with the Plaintiff. 7. After striking the Plaintiff once, Defendant McClain caused his vehicle to violently strike the Plaintiff a second time, throwing the Plaintiff on the hood of the car. 8. The acts of Defendant McClain were both willful and intentional and caused injury to the Plaintiff. 9. The Plaintiff was able to leave the scene of the accident, injured, but without then seeking medical attention. 10. After leaving the scene of the motor vehicle accident, Defendant McClain, then a member of the Alabama football team, left to secure additional members of the University of Alabama football team to provide an intimidating and menacing presence. Defendant McClain, with the assistance of a gang of football athletes at his side, searched for, and found, the Plaintiff as he was preparing to go to work. 11. At that time, Defendant McClain, without provocation, with malice aforethought, and premeditated, verbally and physically assaulted the Plaintiff again.

12. This unprovoked assault resulted in severe and permanent injuries to the Plaintiff. 13. Upon information and belief, Defendant McClain has a history of aggressive and violent behavior, including previous assaults and other criminal activity. 14. On or about the times alleged and at some time prior thereto, the above fictitiously described party defendants, whose identities are unknown, proximately caused or contributed to the Plaintiffs injuries and damages hereinafter described, either through negligent or wanton conduct, or any application of the above theories of liability available to the Plaintiff. Count I (Negligence/Wanton Conduct) 15. Plaintiff adopts and incorporates by reference all the foregoing language of this Complaint and further avers as follows: 16. The Plaintiff avers that on November 13, 2008 at or near Bryant Hall, Defendant McClain and/or Fictitious Party Defendants A through C, negligently, and/or wantonly, and/or unlawfully, operated a motor vehicle in such a manner as to cause such vehicle to collide with the Plaintiff. As a result of such collision, and as a proximate result of the negligence and/or wantonness of the Defendant McClain, the Plaintiff was caused to be injured. 17. The aforesaid wrongful negligent, and/or wanton conduct of the Defendant McClain, and each of the Defendants, named and fictitious, combined and concurred, and as a proximate consequence thereof, the Plaintiff suffered the following injuries and damages including, but not limited to: a. He was caused to suffer various injuries, bruises, and contusions on and about his body.

b.

He was caused and will be caused in the future to suffer physical pain and mental anguish as a result of his injuries.

WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled. COUNT II (Negligent Entrustment) 18. Plaintiff adopts and incorporates by reference all the foregoing language of this

Complaint and further avers as follows: 19. On or about November 13, 2008, one or more of the fictitiously described

defendants owed a duty to the public, including the Plaintiff, to exercise reasonable care in allowing its vehicles to be driven by competent, experienced and prudent individuals. 20. On or about November 13, 2008, one or more of the fictitiously described

defendants negligently entrusted its vehicle to Defendant McClain, a driver whose driving competence, experience, and prudence was not properly determined and who caused or allowed the vehicle which Defendant McClain was driving to collide with, run into, upon and against the Plaintiff. 21. As a proximate consequence of one or more of the fictitiously described

defendants negligence suffered the following injuries and damages including, but not limited to:

a.

He was caused to suffer various injuries, bruises, and contusions on and about his body.

b.

He was caused and will be caused in the future to suffer great physical pain and mental anguish as a result of his injuries.

WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled. COUNT III (Assault and Battery By Vehicle) 22. Plaintiff adopts and incorporates by reference all the foregoing language of this Complaint and further avers as follows: 23. Defendant McClain unlawfully, willfully, and maliciously, and with conscious indifference to consequences, operated a motor vehicle in such a manner as to cause such vehicle to collide with the Plaintiff. As a result of such collision, and as a proximate result of the Defendant McClains unlawful, willful, malicious behavior with conscious indifference to consequences, the Plaintiff was caused to be injured. 24. As a proximate consequence of said Defendant McClains behavior, suffered the following injuries and damages including, but not limited to: a. He was caused to suffer various injuries, bruises, and contusions on and about his body.

b. He was caused and will be caused in the future to suffer physical pain and mental anguish as a result of his injuries. WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled. COUNT IV (Assault and Battery) 25. Plaintiff adopts and incorporates by reference all the foregoing language of this Complaint and further avers as follows: 26. The Plaintiff avers that after being intentionally struck by the Defendant McClain with a vehicle, the Defendant McClain thereafter, upon obtaining a gang of football athletes for reinforcement and support, searched for and located the Plaintiff where he lived as he was preparing to go to work. Defendant McClain then walked through the gate with no lawful purpose, and intentionally threatened and verbally abused the Plaintiff in a loud voice whereby Defendant McClain was so close to Plaintiffs face that an offensive touching occurred as Defendant McClain sprayed Plaintiffs face with saliva. 27. The Plaintiff further avers that at the aforesaid time and place, the Defendant McClains actions amounted to an assault and/or battery upon the Plaintiff. 28. As a proximate result of such intentional conduct, the Plaintiff was caused to suffer humiliation and mental anguish.

WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled. Count V (Assault and Battery) 29. Plaintiff adopts and incorporates by reference all the foregoing language of this Complaint and further avers as follows: 30. The Plaintiff avers that after being threatened and yelled at by Defendant McClain and sprayed in the face with Defendant McClains saliva, Defendant McClain began a physical assault on another student, and when the Plaintiff attempted to lawfully come to the defense of another by requesting that Defendant McClain halt the assault, Defendant McClain intentionally picked the Plaintiff up and slung him to the ground whereby Plaintiff suffered injury requiring multiple dental procedures and oral surgery to treat the injury, resulting in permanent damages. 31. The Plaintiff further avers that at the aforesaid time and place, the Defendant's actions amounted to an assault and/or battery upon the Plaintiff. 32. As a proximate result of such intentional conduct, the Plaintiff was caused to suffer physical injury, including permanent damage, and to suffer pain, mental anguish, and dental or medical bills. WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of

seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled. Count VI (Negligence/Wantonness) 33. Plaintiff adopts and incorporates by reference all the foregoing language of this Complaint and further avers as follows: 34. The Plaintiff avers, in the alternative, that if any of the conduct by Defendant as set forth above does not amount to intentional conduct, then such conduct amounts to negligent and/or wanton conduct to which the Defendants are liable to the Plaintiff for his injuries and damages resulting therefrom. WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled. Count VII (Invasion of Privacy) 35. Plaintiff adopts and incorporates by reference all the foregoing language of this Complaint and further avers as follows: 36. Defendant McClain intentionally and physically intruded into the solitude and

seclusion of the Plaintiff, in a highly offensive manner by striking the Plaintiff in his face with Defendant McClains saliva, and thereafter slamming Plaintiffs body down to the ground. WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled. Count VIII ( Intentional Infliction of Emotional Distress) 37. Plaintiff adopts and incorporates by reference all the foregoing language of this Complaint and further avers as follows: 38. The Plaintiff avers, in the alternative, that if the conduct by Defendant McClain as set forth above does not constitute assault and/or battery, then the said conduct constitutes the intentional infliction of emotional distress that would shock the conscience of a reasonable person, either each on its own or in combination together. WHEREFORE, THE ABOVE PREMISE CONSIDERED, Plaintiff demands judgment against the Defendants, whether named or fictitiously described, for an amount in excess of seventy-five thousand ($75,000) dollars, based upon the facts and circumstances of this particular matter for compensatory and punitive damages in an amount sufficient to deter Defendant McClain and others from engaging in similar misconduct in the future, plus costs and interest, and such other and further relief to which they may be entitled.

Attorneys for Plaintiff /s/ Allan L. Armstrong Allan L. Armstrong (ARM013) ASB-4400-R77A /s/ Darrell L. Cartwright Darrell L. Cartwright (CAR081) ASB-1771-I58D Counsel for Plaintiff OF COUNSEL: ARMSTRONG LAW CENTER, LLC Post Office Box 2434 Birmingham, Alabama 35201 (205) 201-1529 (866) 601-2692 (facsimile) armstrong.atty@gmail.com CARTWRIGHT LAW CORPORATION P.O. Box 383204 Birmingham, AL 35238-3204 (205) 222-5900 (866) 852-1330 (facsimile) dcartwright@gmail.com SERVE DEFENDANT BY CERTIFIED MAIL AS FOLLOWS: Rolando McClain 1200 Lakeshore Avenue Apt. 22A Oakland, CA 94606-1632 PLEASE NOTE THAT PLAINTIFFS FIRST REQUEST FOR ADMISSIONS TO DEFENDANT, PLAINTIFFS FIRST INTERROGATORIES TO DEFENDANT AND PLAINTIFFS NOTICE OF TAKING DEPOSITION AND REQUEST FOR PRODUCTION TO DEFENDANT ARE BEING SERVED SIMULTANEOUSLY WITH THE SUMMONS AND COMPLAINT.

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