Doctor Being Sued by Intruder

Staff Writer — Fri, 03 Oct 2008 21:48:06 +0000

A Janesville man that admits to breaking and entering with the intent to rob a home is suing the homeowner for shooting him in the back. Kurt Prochaska, 39, was on probation when he broke into a home and was consequently shot by the home owner. However, that’s not stopping him from going after money through the courts. He is going after Doctor, Michael Rainiero; who awoke to find Prochaska in his living room. Rianiero asked him to leave and he refused so Rainiero shot at him once and hit him in the back.
“All Rainiero wants is for this whole fiasco to be over with,” said Rainiero’s attorney.

The Milwaukee County suit is claiming Rainiero used excessive force to deal with the intruding plaintiff and alleges Prochaska sustained severe and permanent injuries, relentless pain, and loss of earning capacity. The suit doesn’t specify a damage amount.

Rainiero claims he shot Prochaska in self-defense.
“The doctor was asleep in his bed when an intruder came into his home and put his life, his wife’s life, and his two kids’ lives in jeopardy,” Rainiero’s lawyer said. He also added that Rainiero showed restraint by only firing once seeing that his gun has a full magazine.

There will be a hearing next month for the suit. Prochaska’s Lawyer declined to comment on the case. If the case is thrown out, Prochaska can be forced to pay up to $500 in legal and attorney fees.

Security News » Home Invasion

Doctor Being Sued by Intruder