Rolando McClain sued

Former Alabama Crimson Tide football player Rolando McClain faces a lawsuit. A copy of the lawsuit was emailed to the Capstone Report, and the text follows below:

IN THE CIRCUIT COURT OF
MORGAN COUNTY, ALABAMA
STANFORD MATTHEW MANGHAM, )
an individual, )
)
Plaintiff, ) CIVIL ACTION NO. .________________
)
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. )
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
ELECTRONICALLY FILED
11/11/2010 7:53 PM
CV-2010-900452.00
CIRCUIT COURT OF
MORGAN COUNTY, ALABAMA
JOHN PAT ORR, CLERK
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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.
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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 Plaintiff’s 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.
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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
defendant’s negligence suffered the following injuries and damages including, but not limited to:
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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 McClain’s unlawful, willful, malicious behavior with conscious indifference to
consequences, the Plaintiff was caused to be injured.
24. As a proximate consequence of said Defendant McClain’s 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.
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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 Plaintiff’s face that an offensive touching occurred as Defendant
McClain sprayed Plaintiff’s face with saliva.
27. The Plaintiff further avers that at the aforesaid time and place, the Defendant McClain’s
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.
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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 McClain’s 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
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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
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seclusion of the Plaintiff, in a highly offensive manner by striking the Plaintiff in his face with
Defendant McClain’s saliva, and thereafter slamming Plaintiff’s 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.