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Mexican sues Border Patrol over fatal crash

YUMA — A U.S. Border Patrol agent was negligent when he lost control of his pickup and struck a Mexican man and his daughter while they were trying to cross the border, a recent lawsuit claims.

The case stems from an incident on March 5, 2006. Juan Cruz Torralva and his 12-year-old daughter, Lourdes, were walking through the desert south of Yuma in an attempt to cross illegally from Mexico into the United States.

According to the 12-page complaint, a four-door Chevrolet pickup driven by U.S. Border Patrol agent Gregario Garcia was approaching them at a high rate of speed. At the time, Garcia was pursuing other illegal immigrants about five miles south of exit 78 on Interstate 8, which is just east of Yuma.

Torralva’s lawyer claims Garcia lost control of the truck and struck Torralva and his daughter. Torralva suffered spinal fractures and cuts and bruises all over his body. She suffered blunt force injuries to her lungs, liver and spleen that led to internal bleeding.

Torralva was taken by helicopter to Yuma Regional Medical Center and is now permanently disabled. Lourdes died at the scene.

The complaint claims Garcia’s job "required that, among other things, [he] maintain a safe speed, keep a proper look out for pedestrians, yield to pedestrians and control [his] vehicles so as to avoid collisions with pedestrians" along the border.

Claims were filed against the Border Patrol in January and February, but U.S. authorities rejected them.

Now Tucson lawyer David Karnas, who is representing Torralva, is following up by asking for a jury trial in federal court in Tucson. He is also seeking an undisclosed sum for punitive and compensatory damages.