The New Mexico Court of Appeals recently decided in favor of a plaintiff in a loss of consortium case stemming from a March 2010 accident. Apparently, several Albuquerque police officers responded to a report of a stolen car in a parking lot. The officers parked in various locations around the parking lot in unmarked cars.
The decedent and his children drove into the parking lot and parked next to the stolen car, and one of his children got out of the car and walked up to the stolen vehicle. The officers then parked one car behind the father, and as the father was backing out of the spot, he hit the police car. The officer then shot at the father’s car and hit him in the chest. Tragically, the unarmed father died from the gunshot wounds.
About four years later, the children’s guardian brought a lawsuit against the city for loss of consortium under the Tort Claims Act, arguing that the defendant shot the father in violation of City policy, and the father did not pose a threat. Furthermore, they contended that the city was also responsible for the death in the negligent hiring, training, and retraining of the officer who killed the father.