News (Media Awareness Project) - CN BC: Home Invasion, Gassed Greenhouse Lead To Lawsuit |
| Title: | CN BC: Home Invasion, Gassed Greenhouse Lead To Lawsuit |
| Published On: | 2004-11-11 |
| Source: | Abbotsford News (CN BC) |
| Fetched On: | 2008-01-17 19:11:55 |
HOME INVASION, GASSED GREENHOUSE LEAD TO LAWSUIT
An Abbotsford man is seeking more than $300,000 from the city and the
police department, alleging that his greenhouse was taken down without
proper notice and that police failed to properly investigate a home invasion.
In a statement of defence, the City of Abbotsford denies "each and every
allegation" put forward in civil court documents filed by 47-year-old John
Krist.
On Aug. 28, Krist said, he was beaten unconscious by three masked intruders
who burst into his home and tied him to his bed.
When he regained consciousness, Krist said in a statement of claim, he
managed to untie himself and discovered his truck was stolen.
Coquitlam RCMP later recovered his vehicle.
"Fearing for his life," Krist said he attempted to ride his bike to seek
help, but fell off the bicycle and passed out.
That's when a neighbour found him and called 911.
He was taken to MSA General Hospital, where he remained for close to a week.
Krist claims the city and police were "vicariously and directly negligent"
in their duties by failing to properly investigate the home invasion,
including failing to take fingerprints and recover key evidence from the
scene of the crime.
He also claims that between Aug. 28 and Sept. 18, the defendants breached
their duties by seizing some of the Krists' personal items, unlawfully
entering his property and failing to notify him that his greenhouses needed
to be relocated before they were destroyed.
Police said this week that they were called when a man who was assaulted by
three unknown men was found by a passerby.
Police went to the victim's home, where they found a marijuana grow
operation, which was dismantled.
No charges were laid with regard to the grow operation and police have not
arrested anyone for the assault.
Krist is seeking $190,000 in general damages, $50,000 in special damages,
$50,000 for lost opportunity and $25,000 for out of pocket expenses, costs
and interest.
For what he calls negligence, wrongful seizure and unlawful destruction of
property Krist is seeking $25,000.
An Abbotsford man is seeking more than $300,000 from the city and the
police department, alleging that his greenhouse was taken down without
proper notice and that police failed to properly investigate a home invasion.
In a statement of defence, the City of Abbotsford denies "each and every
allegation" put forward in civil court documents filed by 47-year-old John
Krist.
On Aug. 28, Krist said, he was beaten unconscious by three masked intruders
who burst into his home and tied him to his bed.
When he regained consciousness, Krist said in a statement of claim, he
managed to untie himself and discovered his truck was stolen.
Coquitlam RCMP later recovered his vehicle.
"Fearing for his life," Krist said he attempted to ride his bike to seek
help, but fell off the bicycle and passed out.
That's when a neighbour found him and called 911.
He was taken to MSA General Hospital, where he remained for close to a week.
Krist claims the city and police were "vicariously and directly negligent"
in their duties by failing to properly investigate the home invasion,
including failing to take fingerprints and recover key evidence from the
scene of the crime.
He also claims that between Aug. 28 and Sept. 18, the defendants breached
their duties by seizing some of the Krists' personal items, unlawfully
entering his property and failing to notify him that his greenhouses needed
to be relocated before they were destroyed.
Police said this week that they were called when a man who was assaulted by
three unknown men was found by a passerby.
Police went to the victim's home, where they found a marijuana grow
operation, which was dismantled.
No charges were laid with regard to the grow operation and police have not
arrested anyone for the assault.
Krist is seeking $190,000 in general damages, $50,000 in special damages,
$50,000 for lost opportunity and $25,000 for out of pocket expenses, costs
and interest.
For what he calls negligence, wrongful seizure and unlawful destruction of
property Krist is seeking $25,000.
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