Conn. chimp victim denied $150M state lawsuit
DAVE COLLINS, AP
HARTFORD,
Conn. (AP) — A Connecticut woman disfigured in a chimpanzee attack was
denied permission Friday to sue the state for $150 million.
The
state is immune to lawsuits unless they're allowed by state Claims
Commissioner J. Paul Vance Jr., who denied permission and announced his
decision in a news release.
Nash
was blinded, lost both hands and underwent a face transplant after
being mauled in Stamford in 2009. She reached a $4 million settlement
last year with the estate of chimp owner
Sandra Herold, who died in 2010.
Her
lawyer said the state should be held responsible for not seizing the
animal before the attack, because it was warned the animal was
dangerous. State Attorney General George Jepsen
said the state shouldn't be held liable for the mauling.
Nash,
59, had gone to Herold's home on the day of the attack to help lure her
friend's 200-pound chimpanzee, Travis, back inside. But the chimp went
berserk and ripped off Nash's nose,
lips, eyelids and hands before being shot to death by a police officer.
Nash now lives in a nursing home outside Boston.
Travis
had starred in TV commercials for Old Navy and Coca-Cola when he was
younger and made an appearance on "The Maury Povich Show." The
chimpanzee was the constant companion of the
widowed Herold and was fed steak, lobster and ice cream. The chimp
could eat at the table, drink wine from a stemmed glass, use the toilet,
and bathe and dress itself.
Travis
had previously bitten another woman's hand and tried to drag her into a
car in 1996, bit a man's thumb two years later and roamed downtown
Stamford for hours in 2003 before being
captured after escaping from Herold's home, according to Nash's lawsuit
against Herold.
The
$4 million settlement covers a small fraction of Nash's medical costs,
according to her lawyers, who have said she requires care and
supervision around the clock. She is facing another
surgery for hand transplants and will need to be on antibiotics for the
rest of her life.
Nash
holds the state Department of Energy and Environmental Protection
responsible for not seizing the animal before the attack despite a state
biologist's warning it was dangerous.
"I
hope and pray that the commissioner will give me my day in court," Nash
told reporters following a hearing last year before Vance. "And I also
pray that I hope this never happens to
anyone else again. It is not nice."
State
Attorney General George Jepsen has said the state should not be held
liable for the mauling. He has acknowledged that a state biologist had
warned that the chimp was "an accident
waiting to happen" before the attack. But Jepsen said state law on the
issue was ambiguous and difficult to enforce, and there was no guarantee
a court hearing would have led to a seizure order(people should not own chimps,sure they may look all cute but they are dangerous primates with huge fangs and tremendous strength,in short leave them to the wild to terrorize the countryside or in a zoo where professionals can take all the risks and you can enjoy the antics from a safe distance.)
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