Man hit by driver fleeing authorities in Clackamas County sues for $1.3 million
PORTLAND, Ore. (KOIN) — A man who allegedly suffered life-changing injuries in a car crash with another driver involved in a high-speed chase in Gladstone on May 22, 2022, filed a $1.3 million lawsuit against the Clackamas County Sheriff’s Office and the Gladstone Police Department on May 15 for negligence and damages.
Attorneys representing Noah Gardner say that the authorities pursuing the fleeing vehicle failed to follow orders to suspend the chase and that a blockade set up by the pursuing agencies caused Gardner to drive his 1989 Subaru GL-10 “directly” into the path of the ongoing chase. Gardner and the fleeing suspect’s vehicles ultimately collided at the intersection of Glen Echo Avenue and Oatfield Road.
“The roadblock required the plaintiff to turn his vehicle around, placing the plaintiff and his vehicle directly in the path of the high-speed pursuit,” the lawsuit reads. “At or near the intersection of Oatfield Road and Glen Echo Avenue, [the] defendants caused the fleeing suspect's vehicle to collide with the vehicle then operated by Plaintiff. The collision between the two vehicles was caused by the negligence of the defendant.”
The lawsuit does not mention the driver of the vehicle involved in the chase. However, a warrant issued for the driver's arrest on June 1, 2023, names 42-year-old Christopher McKelvey as the suspect, The Oregonian first reported. According to the indictment, McKelvey failed to remain at the scene of the crash. McKelvey is wanted on felony charges for assault, attempting to elude authorities, and failing to perform the duties of a driver to injured persons.
Gardner allegedly suffered serious physical injuries and mental anguish as a result of the crash. Attorneys state that the man’s injuries are “permanent and degenerative in nature” and have increased his susceptibility to future injuries, degenerative arthritis and degenerative disc disease.
Gardner’s alleged injuries include: “Permanent tearing, twisting and wrenching of the muscles, tendons, ligaments, nerves and soft tissues of his neck and back, causing radicular pain and numbness together with headaches and, in particular, cervical, thoracic and lumbar sprain/strain … fractures of the left ribs and clavicle, lacerations of the spleen, liver and left kidney, a pulmonary contusion and traumatic brain injury.”