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

Snowboarders at Revelstoke Mountain Resort heading for the gondola. (Liam Harrap/Revelstoke Review)
Updated: Another 16 COVID-19 cases for Revelstoke

The cases were identified between Jan. 3 and 9

Interior Health update. File photo.
86 new COVID-19 cases, two more deaths in Interior Health

The new deaths are from Heritage Square, a long-term care facility in Vernon

A performance by Alex Cuba will be streaming live on Arts Revelstoke platforms on Feb. 12, 2021. (Photo by Jeff Fasano, submitted by Arts Revelstoke)
Arts Revelstoke hosting virtual performances and movies this season

REVY. Live and Movies in the Mountains is returning

A woman wearing a protective face mask to curb the spread of COVID-19 walks past a mural in Victoria, B.C., on Monday, Dec. 7, 2020. THE CANADIAN PRESS/Marissa Tiel
115 new COVID-19 cases, no new deaths in Interior Health

There are now a total of 4,970 cases in the region

Shrubbery peeking through snow in downtown Revelstoke on Jan. 14. (Liam Harrap/Revelstoke Review)
95% less snow in Revelstoke this winter compared to last year

However, there’s plenty of snow in the alpine

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
More than 20 days have passed since the last case of COVID-19 was confirmed at Lakeside Manor. (File photo)
Salmon Arm retirement facility reopens social areas after COVID-19

More than 20 days have passed since last confirmed case at Lakeside Manor

A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Most Read