ALBUQUERQUE, N.M. (KRQE) – A New Mexico man is suing the Albuquerque Police Department and an officer for crashing her police unit into his car. He says that collision from two years ago should have never happened and that the officer should have been better trained.
“Mr. Gomez was driving his children to care. He was going Southbound on 2nd street,” says Attorney Gary Marquez.
Back in March 2017, Albuquerque Police say a car was driving out of an apartment complex on 2nd Street, near Griegos, into oncoming traffic.
“The driver pulling out of the apartment complex. Why would she do that? Why pull out into oncoming traffic?” says Marquez.
Marquez says because of that driver’s actions, it led to a chain reaction of unfortunate events for his client. A report shows the driver who hit his client, APD Detective Michelle English, was not at fault for the crash.
English was going northbound on 2nd Street when she tried to avoid crashing into the car pulling out of the apartment complex. As she swerved out of the way, the report says she crossed the median, hitting Marquez’s client.
“The officer should’ve been able to control her vehicle in a way that would not have required her to cross a raised median,” says Marquez.
Now, Marquez’s client is suing APD and the officer, claiming negligence.
“I’d like to think that part of her training includes being able to operate a squad car,” he says.
An APD spokesperson would not provide a statement on this lawsuit. However, Marquez did say the city’s Risk Management Department has denied liability for the crash.
Marquez’s client is also suing for damages because he had his three children in the car at the time of the crash. One of his children suffered a broken ankle but has since recovered.