Police-involved accident still under investigation

MOBILE, Ala. (WALA) - The wreck that happened May 25, 2011 at the intersection of Carol Plantation and Old Pascagoula Road sent five people to the hospital.

Witnesses told FOX10 News Mobile Police Officer Robert Harris sped up to beat a red light. Police said Harris was on his way to a call.

Police won't say where that emergency call was or how fast Officer Harris was going when he hit the other two vehicles involved in the wreck.

Anthony Croomes, 46, was driving a truck that was struck by Harris's patrol car.

Croomes brother, Mike Leonard, said "Tony" is suffering from head trauma, dozens of broken bones, and doctors aren't sure if he'll ever walk again.

"He is awake and remembers certain people, but to sit and talk with him, you can tell he has brain damage," said Leonard.

Mobile Police won't say who caused the wreck. Leonard said police won't give the family any details.

"They haven't told us anything. They have called twice to see what kind of condition he was in and that was it. They won't give us the police report to turn in to the Geico insurance. They won't tell us nothing. They tell us it is going to be three or four weeks before the investigation is over," he said.

After two weeks of surgery and treatment, Tony was able to move from the I.C.U. to a regular patient room. Doctors have said at this point he has the ability to operate at the level of a 2-year-old child.

Meanwhile, the family said medical bills are piling up and that Croomes has no medical insurance.

"I would imagine so, being he was under life support for over 14 days," Leonard said. "So I would imagine it was way up there myself, more than he or any of the family can pay."

Attorney Robert Hedge handles injury cases like Croomes's. Hedge said if the wreck turns out to be Officer Harris's fault, Croomes will be able to sue the city, but not for nearly the amount his injury will cost.

Hedge cited state law saying, "It's a statute. It is under our code for both cities and counties. It's a $100,000 cap. It is absolute. There are no exceptions to it. You are just out of luck, and unfortunately, the legislature has given cities and municipalities and counties special protection, essentially for liability cases."

The family won't know if they can sue the city until Police say who is at fault for the wreck.

Hedge said in the State of Alabama, hospitals have first dibs on any money rewarded in settlements to cover medical expenses. Hedge said that basically means if Croomes is awarded money by the court, he probably won't see any of it in his account.

July 3, Croomes's family is throwing a benefit family fun day in Theodore to help raise money for his medical expenses. Croomes doesn't have any form of medical insurance.

The benefit will be at Bill & Charlie's at 11470 Bellingrath Road. Live music will be played by Velvet Sky and Street Talk. Chicken dinners and hotdogs will be sold for $5. Pony rides and moon jumps will be available for the kids, and all proceeds will benefit the Croome family.

Click here to see the section of the Alabama Code about maximum amount of damages recoverable against government entities.