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A lawsuit alleges that a Cibola County couple and their two children were injured in 2021 when an Albuquerque police officer struck the rear of their vehicle on Interstate 40.
The suit alleges that the four family members were traveling east on I-40 near the Rio Grande exit when traffic slowed to a stop, according to a lawsuit filed in 2nd Judicial District Court.
Nicole Kulger and her two minor children were passengers in the vehicle driven by Brad Duran, all of Milan, the suit said. All four are named as plaintiffs in the lawsuit.
When Duran’s vehicle came to a halt, it was struck from behind by an Albuquerque Police Department vehicle driven by officer Kenneth Skeens, the suit alleges.
The police vehicle “was following too closely behind (Duran’s) vehicle at an excessive speed when traffic was coming to a stop,” the suit alleges.
According to an accident report, Duran told an APD officer that he had to “slam on his brakes” to avoid striking a vehicle in front of him after traffic on I-40 came to an “abrupt stop.”
Duran’s sport-utility vehicle then was rear-ended by the APD vehicle, the report said. The collision caused Duran’s vehicle to roll forward, striking the rear of a vehicle in front of him, it said.
The APD Dodge Charger “sustained heavy front-end damages and was towed from the scene,” the report said.
Duran’s vehicle sustained “moderate rear end damage and slight front end damage,” but was drivable, it said. The report listed no injuries or citations.
Shane Maier, an Albuquerque attorney representing the family, said that Duran, Kulger and their two children later sought treatment for injuries at a Gallup hospital.
The suit alleges negligence by Skeen and the city of Albuquerque, who are identified as defendants. It seeks unspecified damages.
