Case brief (Essay Sample)

Negligent Police Automobile Accidents Student’s Name Professor’s Name Institutional Affiliation Course Name Date Negligent Police Automobile Accidents City of Albuquerque v. Garcia New Mexico Court, A-1-CA-37422 (2020) Justice Vanzi, on appeal Facts: A City of Albuquerque police officer, on August 18, 2014, caused injuring to the plaintiff when he was operating a marked police car that struck him. The police officer was driving in a reckless manner at that time according to the plaintiff hence a collision that resulted to a lawsuit against the City of Albuquerque for negligence. After hearing arguments, the district court issued an order quashing Garcia's alternative writ to demonstrate why a permanent injunction should not be issued. The alternative writ was declared invalid in the order because "this is not a mandamus case" and because "it is a suit purely under the... Act." As a result, the court declared that the case would proceed as a declaratory judgment action. Issue: Was the vehicle driven within the underlying factors that show that it was being driven carelessly, according to NTSA? Holding: No. The vehicle was being driven within the NTSA parameters hence no recklessness from the police officer. Reasoning: The New Mexico Tort Claims Act protects the City from lawsuits. The court ruled in favor of City of Albuquerque after establishing that the officer was driving the vehicle within the NTSA constrains hence no rule was broken. This resulted to Garcia filing for an appeal. We acknowledge that we may rule on moot questions "where they are problems of great public concern, capable of repe...