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Suit filed against ceiling burglar

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ANN MARIE AMES
February 2, 2008
— Convicted burglar Kurt Prochaska, who is suing the doctor who shot him after he broke into the doctor’s house, is being sued for property damage he caused when he fell through the ceiling during the break-in.

State Farm Fire & Casualty filed a summons in Rock County Court on Jan. 23. According to court documents, Prochaska, 39, tore off shingles and a roof exhaust fan while trying to break in to the home of Dr. Michael Rainiero on Linden Avenue, Janesville, on Halloween night 2005.


When he got into the attic crawl space, Prochaska “either fell or jumped” through Rainiero’s living room ceiling.


Prochaska, an inmate at Fox Lake Correctional Institute, was sentenced in March to eight years in prison and four years extended supervision for burglary and felony criminal damage.


Prochaska claimed in court he was trying to get into the house to use the bathroom.


According to the claim filed last week, Prochaska caused $10,900 damage Rainiero’s home, which State Farm is entitled to recover. Rainiero is entitled to the $4,200 deductible he paid, according to the documents.


Rainiero shot Prochaska once in the back, which Rock County District Attorney David O’Leary determined was self-defense. Rainiero was not charged with any crime.


In a June hearing, Prochaska claimed Rainiero used excessive force, causing Prochaska permanent pain and injury.


The jury trial is scheduled to begin March 31.



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