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.
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.
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.