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

A Vernon man's faith in humanity has been restored since his lost wallet was returned, credit cards, cash and all, to the RCMP station. (Contributed)
Good Samaritan turns in cash-filled wallet to Vernon Mounties

Owner’s faith in humanity restored following a tough few weeks

Vernon Fire Rescue Services responded to a single-vehicle rollover Wednesday, Jan. 20, 2021, after a vehicle came into contact with a pedestrian light pole at Kalamalka Lake Road and 14th Avenue. (Brendan Shykora - Morning Star)
Minor injuries in rollover after vehicle hits Vernon crosswalk pole

The vehicle flipped onto its side, closing Kalamalka Lake Road

Vernon's Noric House long-term care facility is dealing with an influenza outbreak amid the COVID-19 pandemic. (File photo)
Two more deaths at Vernon care home

Noric House case numbers remain steady, but death toll rises

A petition to spare the Mount Rose Swanson area from logging later this year has eclipsed 21,000 signatures as of Jan. 20, 2021. (Rose Swanson Mountain/Facebook)
Controversial logging will cut 4% of ‘sensitive’ Armstrong forest area: Ministry

A petition to spare the Rose Swanson area from logging has eclipsed 21,000 signatures

The BC SPCA is adapting its fundraising after cancelling events due to COVID-19 restrictions. (Twila Amato - Black Press Media)
BC SPCA gets creative with fundraising as pandemic continues

The non-profit’s in-person fundraising events all had to be cancelled due to COVID-19 restrictions

Penticton city council heard from Dhorea Ramanula, of Paid Employment for People with Lived Experiences Tuesday, Jan. 19. Ramanula’s organization has operated public washrooms in Kelowna staffed by community support workers since April, she says Penticton could benefit from a similar facility. (Michael Rodriguez - Kelowna Capital News)
Penticton interested in new public washroom concept to combat vandalism

Public washrooms with on-site support staff have been operating in Kelowna since April

Canada Post had remove a lot of letter boxes around Penticton after they were vandalized. This letter box at the United Church on Main St. remains unscathed. (Monique Tamminga Western News)
Street mailbox vandals strike Penticton drop boxes

Canada Post had to remove a bunch of the vandalized units

Esa Carriere, 23, was the victim of a 2018 Canada Day homicide. (File)
Youth sentenced in Kelowna Canada Day killing

Young woman pleaded guilty to lesser assault charge, sentenced to 15-month intensive support and supervision program

A rendering of UBC’s planned downtown Kelowna campus. (Contributed)
Kelowna’s new downtown campus to help alleviate UBCO’s space crunch

The sizable development is anticipated to be completed by the fall 2024 semester

Eighteen-year-old Aidan Webber died in a marine accident in 2019. He was a Canadian Junior BMX champion from Nanaimo. (Submitted)
Inadequate safety training a factor in teen BMX star’s workplace death in 2019

Aidan Webber was crushed by a barge at a fish farm near Port Hardy

Southern resident killer whales in B.C. waters. Research shows the population’s females are more negatively influenced by vessel traffic than males. (Photo supplied by Ocean Wise Conservation Association)
Female orcas less likely to feed in presence of vessel traffic: study

Research the southern resident population raises concerns over reproduction capacity

(Black Press Media files)
Transport Canada not budging on enclosed deck rules, despite calls from BC Ferries union

There have been at least 23 cases of the U.K. variant detected in Canada, four of which are in B.C.

Most Read