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The wife of a Hawthorne police officer who was killed while on duty assisting a funeral procession for another South Bay officer has filed $25 million claims against the cities of El Segundo and Manhattan Beach.
Tracy Garton claims that the negligent and reckless actions of both police departments and municipalities in organizing and operating the procession in May led to her husband's death.
Andrew Garton, a motorcycle officer with the Hawthorne Police Department, collided with an El Segundo motorcycle officer at Hawthorne Boulevard and 227th Street in Torrance during the May 26 funeral escort for Manhattan Beach police Officer Mark Vasquez, who died of cancer. Garton, 44, was thrown into oncoming traffic and landed on a vehicle. He died later that day. El Segundo Sgt. Rex Fowler suffered a broken left leg.
The collision investigation was immediately turned over to the California Highway Patrol. The Torrance Police Department has not received the final CHP report and cannot give any more specifics about the accident, Torrance police Sgt. Steven Jenkinson said this week.
Garton's was the first death of an officer in the line of duty in Hawthorne Police Department history.
"This is an unfortunate incident, in every capacity, and a true tragedy," Hawthorne Police Chief Robert Fager said. "Andrew Garton's life was lost and Rex Fowler's life is now changed forever."
In Tracy Garton's claim, filed Nov. 4 also on behalf of
"Rex Fowler was acting in the course and scope of his employment ... and was negligent in driving his motorcycle in such a manner as to injure and kill (Garton)," the claim reads. "The city of El Segundo was negligent in hiring, training and supervising Rex Fowler and this negligence led to (Garton's) injuries and untimely death."
Tracy Garton could not be reached for comment Friday.
Fowler said that because the case is in litigation, he cannot comment on "the tragedy which occurred and affected so many lives in the law enforcement community."
El Segundo Police Chief Mitch Tavera also said he cannot discuss the specifics of the accident and the city's involvement since a claim has been filed.
El Segundo City Attorney Mark Hensley said the city is reviewing the claim and, once it does, the city's response will be made public. El Segundo, like Manhattan Beach, is a member of the Independent Cities Risk Management Authority, a joint powers association formed to provide insurance to its 30 member cities.
In the claim filed against the city of Manhattan Beach, Garton alleges city employees, volunteers, etc., "negligently, carelessly and recklessly" planned, organized, coordinated and supervised the funeral procession, which began at American Martyrs Church in Manhattan Beach and ended at Green Hills Memorial Park in Rancho Palos Verdes.
Eve Irvine's first day as Manhattan Beach police chief was the day of the procession, she said.
Since the accident has developed into a legal proceeding, she said she is unable to comment.
Manhattan Beach City Manager Dave Carmany said May 26 was "one of the most difficult days I've seen in my entire municipal career."
"It was a terrible, terrible day," he said.
Carmany met with the city attorney and the city's insurance group on Monday to ensure the claim is handled properly.
"Routine claims, like a tree limb falls on your car, are paid immediately," he said. "This kind of claim is different. It moves into a process involving a lot of committees and a lot of lawyers. We're in the middle of that right now."
The city of Manhattan Beach also is reviewing a $1.5 million claim from its former city attorney, who was terminated in March, and two $10.3 million claims from fired police officers who were involved in an off-duty hit-and-run accident. The city denied a $2 million claim from its former city manager in August.
"It's unfortunate that this claim happened and other claims we received. The timing is something we can't control," said City Attorney Roxanne Diaz. "Litigation is always expensive. Managing the city's budget in terms of legal fees is a priority for the city."
Peter Polos, one of Garton's attorneys, said cities routinely reject such claims, and a lawsuit is then filed. Polos, a retired Superior Court judge who has handled several wrongful death cases, said 95 percent of the time cases like Garton's settle before they go to trial. Before the claim was filed, Polos said, the law firm researched the case and talked to experts.
"And they said, `Yeah, (the accident) shouldn't have happened,"' he said.
In both claims, Garton notes that the cities' responsibility in her husband's death caused the loss of her husband's love, companionship, financial support and other benefits.
Polos said the $25 million estimate of damages incurred is in line with awards given in similar wrongful death cases.
"This wasn't something that Tracy lightly decided upon," Polos said. "She has to consider what's in the best interest of her children and herself and her future. I do believe there was negligence that occurred. I think she is entitled to some help."
Follow Carley Dryden on Twitter at http://www.twitter.com/carleydryden
