Accident victim files claim against Mobile

MOBILE, Ala. (WALA) - The family of a woman who was injured and whose husband was struck and killed by a Mobile police officer is making a claim against the city for damages.

Mary Bragg has been hospitalized since July when she and her husband, Michael were crossing Government street and were hit by a police cruiser driven by officer Richard Brown. Michael was killed and Mary suffered broken bones and a brain injury.

In a statement obtained by Fox 10 News, Mary Bragg's family said, “The City of Mobile and the Police have refused to provide the Bragg family, despite numerous requests, with the results of their investigation or the contents of their file. In addition, neither has given the Bragg family an explanation as to why their investigation will not be shared at this time.”

In response, Mobile City Attorney Larry Wettermark said, "This was a tragic accident and the city extends its condolences to the Bragg family. However, the accident occurred outside of a crosswalk, the officer had a green light and no excessive speed was involved."

Bragg’s family says Mary's medical bills exceed $1 million, but the cap on damages against municipalities was set by the Alabama Legislature at $100,000.

The Mobile lawfirm of Briskman and Binion is handling the case. Attorney Charles Potts told Fox 10 News Anchor Bob Grip the City does not have to reply to the claim, but the Bragg family needed to put the City on notice to preserve its right to file a lawsuit within the two year statute of limitations.