Officer Kimberly Whyley Being Sued for Breaking 88-year-old Mans Arm

An 88-year-old Kansas City, Missouri, man says a female cop broke his arm, and now he's suing the tiny Northland city of Oakview, population 387, for $5 million.

Oakview police officer Kimberly Whyley, 38, faces misdemeanor assault charges in the incident, which was captured on her patrol car's dash-cam. But for Theresa Forte, wife of alleged victim Phillip Forte, the criminal charge isn't enough.

"The policeman who brought him (Phillip) home was nice," said Theresa Forte. "And he said 'I had nothing to do with this now, Mrs. Forte'."

Theresa, who has been married to Phillip for 66 years, says she barely recognized him when he came home on February 12th.

"Well I saw Phil, full of blood and I said what happened?" said Theresa. "I thought he had an accident."

Phillip Forte is at a rehab center being treated because of a broken arm that Theresa says he suffered in the incident.

According to the lawsuit, Officer Whyley pulled the man over on North Oak Trafficway for driving with no headlights in the dark. The lawsuit alleges that Forte took his foot off the brake while his car was in neutral, causing the vehicle to roll backwards and accidentally hit the officer in her car while she was writing a ticket and causing Whyley to become enraged.

But Whyley's attorney, Bill Shull, contends that Forte was resisting arrest.

"Do you think she overreacted?," asked Shull. "I've seen the camera from the police car, I don't think she did."

Shull says that Forte resisted and fought Whyley while she kept telling him to turn over. Shull also says that Forte was driving on a suspended license and had been in an accident just an hour earlier in nearby Gladstone.

Theresa Forte says her husband isn't the fighting type, but that she is.

"I could've gone up there and knocked the hell out of her, that's my reaction," said Theresa.

Officer Whyley is on paid leave pending the outcome of the criminal case.
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