Tort Claims Act Caps Settlements of People Suing Government in New Mexico - KOAT

According to KOAT, the municipality of Albuquerque shelled out $950,000 to resolve a legal complaint brought by Todd Perchert and his spouse following a 2024 accident.

The incident involved former Albuquerque Police Chief Harold Medina, who blew through a red signal and crashed into Perchert’s Mustang while operating an unbranded police vehicle.

As a result of the collision, Perchert sustained major trauma, featuring a punctured lung, eight fractured ribs, a cracked collarbone, and a broken shoulder blade. His attorney, James Tawney, said the settlement included $122,000 to cover hospital bills.

“So as a result of this settlement, do you feel as though Todd has been made whole?,” asked KOAT reporter John Rupolo.

“No, he’ll never be made whole. This is a partial reimbursement for what was taken from him”

Tawney said.

Because the agreement excludes future healthcare expenses, Tawney said that Perchert will probably require continuous treatment for his wounds moving forward.

“And, you know, wish we had a crystal ball to say, but the state only allows us to recover so much for that future medical care”

Tawney said.

Tawney explained that New Mexico’s Tort Claims Act limited what Perchert could recover. The law caps compensation in lawsuits involving injury or death against government entities at $750,000. KOAT legal expert John Day provided additional context on the cap.

“The county governments at state and local municipalities push back and say, you know, we have to be able to perform our functions. And if these caps are too large, then it’s going to be devastating to us”

Day said.

Because his wife submitted a loss of consortium claim that the municipality consented to cover, Perchert was awarded an extra $200,000 above the standard $750,000 limit.

“Which means that, you know, what’s the value of the relationship between him and his wife that was taken away from them because of this incident”

Tawney said.