Fallen Officer's Wife Seeks $25 Million in Damages

The wife of a police motorcycle officer from Rossmoor who died in May after a collision with a second officer is seeking $25 million in damages from two neighboring cities.

Andrew Garton, 44, of Rossmoor, who worked for the Hawthorne Police Department, collided with an El Segundo motorcycle officer at Hawthorne Boulevard and 227th Street while escorting a funeral procession for Mark Vasquez, a Manhattan Beach officer who died of cancer.

The motorcycle officers were "leapfrogging" ahead of the procession to clear intersections when the accident occurred, and Tracy Garton is blaming the cities of El Segundo and Manhattan Beach for her husband's May 26 death, citing negligent and reckless actions of both police departments and municipalities, the Daily Breeze reported.

El Segundo Sgt. Rex Fowler suffered a broken left leg.

The California Highway Patrol, which is in charge of the investigation, has yet to deliver a final report to Torrance police, Torrance police Sgt. Steven Jenkinson told the newspaper.

Garton's legal claims, filed Nov. 4, blames El Segundo and Fowler.

"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 states. "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."

In order to sue a municipality, an individual must first make a claim for damages. If it is rejected, a lawsuit is typically filed.

The Daily Breeze was unable to reach Garton for comment Friday.

Because of the legal claim, Fowler said he did not want to talk publicly about "the tragedy which occurred and affected so many lives in the law enforcement community."

El Segundo police Chief Mitch Tavera declined to talk about specifics of the accident or the legal claim with the Daily Breeze.

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.

Peter Polos, one of Garton's attorneys, said cases such as Garton's typically settle before they go to trial. Before the claim was filed, Polos said, the law firm researched the case and talked to experts.

Polos told the Daily Breeze $25 million was is in line with awards 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."

Andrew Garton had two sons, 7 and 12 at the time of his death. He had a little more than seven years with the police department and was a member of a special weapons team.

Shortly after the accident, police said Garton and Fowler were "leapfrogging," blocking vehicles at alternating intersections. As the procession passes the officer at the rear, the officer in the back races to the front of the procession to block the upcoming intersection.

—City News Service