There was a large police presence on Kappel Street in Sicamous on Jan. 2, 2019. (File photo)

There was a large police presence on Kappel Street in Sicamous on Jan. 2, 2019. (File photo)

Woman files lawsuit related to 2019 police takedown in Sicamous

The plaintiff, a Vernon resident, was in a vehicle allegedly rammed by police cars

The woman who was in the passenger seat of a vehicle targeted by a January 2019 police raid in Sicamous has launched a lawsuit over police actions which allegedly left her injured.

A notice of civil claim filed by Kimberley Lou Daley with B.C. Supreme Court in Kamloops on Dec. 23, 2020 alleges she was injured when a car she was a passenger in was rammed by two RCMP vehicles on Jan. 2, 2019. The notice states that as the car was backing out of Daley’s daughter’s driveway on Kappel Street in Sicamous, two police vehicles purposely collided with it. One vehicle struck the car’s right front bumper and another hit it on its left fender and left front door.

Daley got out of the vehicle and was arrested.

According to both the notice of claim and police statements from the time of the incident, RCMP officers were attempting to locate and arrest a man named Michael David Trosky who was wanted on multiple warrants.

Trosky was not inside the Kappel Sreet residence when police entered it. He was eventually taken into custody by the Kamloops RCMP in April 2019.

Read More: Man wanted for Salmon Arm robbery the same who evaded capture in Sicamous

Read More: KIJHL postpones regular season until Feb. 5

At the time of the raid, an RCMP spokesperson said officers’ actions were due to the threat Trosky posed to the public and the disregard he had shown for public safety in previous attempts to arrest him.

Daley’s lawsuit claims that RCMP officers acted negligently and breached the duty of care owed to her. Specifically, it refers to officers’ failure to determine if the vehicle was occupied by a wanted person and their decision to ram the car without enough regard for the likelihood of injury to the vehicle occupants. The notice of claim also states that officers placed Daley under arrest without having reasonable cause to believe that she committed a crime or breached the peace. It also claims they failed to use force that was reasonable and non-excessive when detaining Daley.

Along with negligence, false arrest and battery are claimed.

Read More: B.C. shifts reporting to get COVID-19 information out faster

Read More: BREAKING: Cougar shuts in North Okanagan elementary school students

The notice claims that Daley suffered soft tissue injuries, bruises and a variety of psychological ailments as a result of the police takedown.

The Minister of Public Safety, the B.C. Solicitor General and the Attorney General of Canada were named as defendants in the suit which claims that the Crown is vicariously liable for wrongful acts or injuries committed by its employees in the course of their duties. The defendants had not yet responded to the allegations.

Officers from the Salmon Arm and Sicamous RCMP detachments as well as the RCMP Southeast District emergency response teams were present for the incident.

None of the allegations in the notice of claim have been proven in court.



jim.elliot@saobserver.net

Like us on Facebook and follow us on Twitter

Cops and Courts

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Stock photo)
EDITORIAL: COVID-19 restrictions continue to affect us all

Canada has recorded more than 700,000 confirmed cases of pandemic

A couple living at the Summerland Waterfront Resort is trying to sell their unit because of strata changes which will require them to pay significantly higher strata fees or have their unit included in the resort’s rental pool (John Arendt - Summerland Review)
Couple living at Summerland resort facing increases

Permanent residents of Summerland Waterfront Resort told fees will more than double

Amanda Parsons, a registered nurse on staff at the Northwood Care facility, administers a dose of the Moderna vaccine to Ann Hicks, 77, in Halifax on Monday, Jan. 11, 2021. THE CANADIAN PRESS/Andrew Vaughan-Pool
61 new COVID-19 cases, two more deaths in Interior Health

Twenty-nine people are in hospital, seven of whom are in intensive care

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
253 new COVID-19 cases, 4 more deaths in Interior Health over the weekend

More than 1,000 cases in the region remain active

The bus shelter across from the police detachment is one of ten smashed Jan. 17. (Monique Tamminga)
Glass smashed out of 10 bus shelters in Penticton

One of the bus shelters is right across from the RCMP detachment

Syringe is prepared with one of B.C.’s first vials of Pfizer vaccine to prevent COVID-19, Victoria, Dec. 22, 2020. (B.C. government)
B.C.’s COVID-19 caseload stays steady with 465 more Tuesday

No new outbreaks in health care facilities, 12 more deaths

(Big White Ski Resort)
28 more cases of COVID-19 linked to Big White cluster

More than 200 cases have been identified since the cluster was announced

Police are seeking further witnesses after an elderly woman who was struck by a vehicle in Salmon Arm succumbed to her injuries. (File Photo)
Salmon Arm pedestrian dies after being hit by truck along Highway 1

Collision took place on Jan. 15 in downtown Salmon Arm, police looking for witnesses

A cow moose wanders around the Silver Star Elementary School neighbourhood Tuesday, Jan. 19. (Contributed)
Moose chases two people near North Okanagan school

Conservation and dog control attending to the situation

The sale of the Kirschner Mountain Development for $22M marks the largest in Realtor history, in the Okanagan. (Contributed)
Kelowna mountain development sold for $22M

The sale of the 640-acre Kirschner Mountain development has made the history books

New Westminster TV production designer, Rick Whitfield, has designed an office in a box for British Columbians in need of a private workspace. (BC Box Office photo)
PHOTOS: B.C. man designs ‘box office’ solution for those working from home

‘A professionally designed workspace on your property, away from the distractions of home’

Chilliwack ER doctor Marc Greidanus is featured in a video, published Jan. 18, 2021, where he demonstrates and describes effectiveness of various styles of masks. (Youtube)
VIDEO: Emergency room doctor runs through pros and cons of various masks

‘We’ve been asked to wear a mask and it’s not that hard,’ Greidanus says.

(Pixabay photo)
VIDEO: Tip to Metro Vancouver transit police helps woman 4,000 km away in Ohio

Sgt. Clint Hampton says transit police were alerted to a YouTube video of the woman in mental distress

A woman types on her laptop in Miami in a Monday, Dec. 12, 2016, photo illustration. THE CANADIAN PRESS/AP/Wilfredo Lee
British Columbia government lax on cybersecurity practices, auditor reports

The audit did not highlight a specific threat, but it found breaches in cybersecurity are increasing globally

Most Read