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Ouandji v. Hedglen

United States District Court, W.D. Oklahoma

May 21, 2018

STEVEN ADRIEN OUANDJI, Plaintiff,
v.
VINCENT HEDGLEN, and the UNITED STATES OF AMERICA, ex rel. UNITED STATES POSTAL SERVICE, Defendants.

          MEMORANDUM OPINION AND ORDER

          ROBIN J. CAUTHRON UNITED STATES DISTRICT JUDGE.

         Following completion of the bench trial in this matter, the Court enters the following Findings of Fact and Conclusions of Law.

1. On December 14, 2015, Plaintiff was riding a skateboard southward on James Garner Avenue in Norman, Oklahoma.
2. Plaintiff was riding near the middle of the southbound lane.
3. Plaintiff was wearing dark clothing with no reflective material.
4. There was some streetlighting in the area where Plaintiff was riding.
5. At the same time, Defendant Hedglen was operating a United States Postal Service vehicle southbound on James Garner Avenue.
6. Defendant Hedglen struck Plaintiff from behind.
7. There was no evidence that Defendant Hedglen applied his brakes or took other evasive action prior to striking Plaintiff.
8. Defendant Hedglen testified, “I looked up and he was just there.” 9. As a result of being struck, Plaintiff sustained a head injury and a road rash (a skin injury to his back and leg).
10. Plaintiff was transported to Norman Regional Hospital via ambulance.
11. Plaintiff received eleven staples to his scalp.
12. He then had a follow-up appointment at his local medical facility ...

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