Family of chimpanzee attack victim Charla Nash files suit against chimp's owner

The family of Charla Nash, the Connecticut woman who was attacked by a pet chimpanzee last month, has filed suit against the chimp's owner, Sandra Herold.  The $50-million lawsuit alleges that Herold "possessed a wild animal which she knew had exhibited aggressive behavior to one or more other persons and failed to take sufficient actions to safeguard third parties from the wild animal" and accuses her of in effect causing the attack through her own negligence.

Herold, a friend of Nash's, had kept Travis the chimp as a pet since his infancy.  Reports suggest Travis -- who grew to be 200 pounds and had starred in commercials for Coca-Cola and Old Navy -- was treated more as a human child than the wild animal he proved himself to be with the February attack that ended in his death by a policeman's bullet.  The Stamford Advocate reports:

Lawyers at the Bridgeport firm Willinger, Willinger and Bucci said at a news conference [Monday] that they have already asked the court to freeze Herold's assets, which include property in Stamford. The judge has issued a temporary hold on Herold's assets. A hearing on that issue is set for April 13 in Stamford.

They are also looking at the possibility of adding other defendants to the case.

"These animals are wild, wild animals and have no business being in anyone's home," said attorney Charles Willinger, whose firm is representing Nash along with the Long Island firm Kramer, Feldman and Monaco. "This is a dangerous animal and we believe Ms. Herold is liable as a matter of strict liability."

Herold's attorney, Joseph Gerardi of Stamford, said Herold should not be held liable for the attack.

"I believe it was a tragic accident," he said.

On the day of the attack, Travis apparently escaped Herold's home; Herold called Nash to help lure the animal back inside.  Upon Nash's arrival, Travis brutally attacked her.  The lawsuit describes her injuries as "catastrophic" and lists among them the loss of both her hands and "traumatic facial injury [including loss of her nose, upper and lower lips, eyelids and the bony structures in her mid-face]." 

Nash remains in critical condition at the renowned Cleveland Clinic.  "It will be a while before the full extent of her injuries will be known," according to the Charla Nash Trust website, which was set up after the attack to collect financial contributions toward her medical care.

-- Lindsay Barnett

Photo: Attorneys Bill Monaco, Charles Willinger and Matthew Newman, from left, discuss their suit on behalf of Charla Nash.  Credit: Doug Healey / Associated Press

Comments

[bon]

Anyone who goes around a chimp, pit bull, tiger, or any other wild natured animal, are taking their lives in their own hands. Irregardless of how they are raised, they have the wild nature and can be provoked at any given time. No one should be allowed to have these wild animals. And anyone who goes around them, are asking for trouble. The lady should have stayed a long ways away from this chimp.

[TJ]

did you just lump a pit into the same category with a chimp and a tiger. you truly are ignorant

[Amcarguy]

I wonder if Travis the chimp was trained to know that the word "irregardless" doesn't exist? The word is "regardless".

[chillertheater]

bon,

I essentially agree with most of your post. What happened to Ms. Nash is indeed tragic, and no one should be keeping a 200 lb. chimp as a pet. She was Ms. Herrold's best friend, and surely knew Travis' past and what chimps are capable of. Both women were reckless and foolish to have misjudged the chimp. However, a pit bull is not a "wild natured animal." It is a domesticated animal that has been trained to be vicious by humans - their "nature" is to serve their human leader. It is the human who is at fault, and anyone with a vicious pit bull is COMPLETELY responsible for that animal's conduct.

[macko roni]

Hey TJ

As I recall, the first "face transplant" was done for a lady who had similar injuries which were caused by a... wait for it.... pit bull! That's right, brilliant.

[SC]

Macko Ron:
You recall WRONG. if you bothered to google "face transplant" + "dog attack," in a split second you would have found that the woman was attacked by her... wait for it... **Labrador**! (If finding it on your own is too challenging, here's a link:
http://www.msnbc.msn.com/id/11198533)

The point is that many different breeds of dogs can cause serious injury. This doesn't put them -- whether pit bill, labrador, German shepherd, etc. -- in the same category as chimps and tigers.

If you're interested in actually challenging your own ignorance, read what Best Friends Animal Society says about the perils and prejudices surrounding Breed-Specific Legislation:
http://network.bestfriends.org/stopbsl/news/

[Kevin]

The dog was actually a Labrador cross-breed, not a pit bull. The dog mauled the owner, Isabelle Dinoire, while she was unconscious after taking some pills and maybe hitting her head. It's unclear whether the dog was trying to do injury or was desperately trying to rouse its owner. The second reason is hard to believe, I know, but that's what the family seems to think. The lab has since been killed.

[bryan]

hey macko roni the lady who had the first face transplant was isabelle dinoire and the dog that attacked her was not a pit bull it was a lab retriever,you can look it up on wikipedia.in about 90%of dog bites you hear about it was a pit bull but when you reserch it,it turns out to be another breed.i think people must think no other dog but a pit bull can bite.

[Bobbi]

Dogs aside, the issue here is a chimp attack. My biggest question is, "was Charla called to help as a friend or as an employee"? If she was indeed called as an employee, which she was in addition to being a friend, then I would assume at some point OSHA and workers comp might take a look at this. No amount of money is going to undo what has happened or I fear correct it, but the medical bills must be formidable. I wish Charla the best outcome possible.

[Jean Claude Mondesir]

I am outraged that no one is asking why there are no crimiinal charges being filed against this woman. We have the two lawyers that were charged, prosecuted, and found guilty on involuntary manslaughter charges when their dog mauled a neighbor. We also have the charges against celebrity Michael Vick for his dog on dog mauling , and other various illegal activities. However there are none filed against this woman. We cannot charge the freaking animal with the attack. So, we hold no one liable legally and there are no charges filed. It sounds like someone ls looking out for this woman and no one is asking why....

[Jslhai]

Pit-bulls aren't in the same category as chimps!!!!!! Bad pit-bulls aren't born, they are made!!!!

[Jslhai]

A German Shepard is more deadly than a pit. That's why they are police dogs!!!!

[Kathy1296]

I think it is ironic that the family is begging for donations on two different websites while trying to get $50 million dollars via a lawsuit. Another greedy family trying to cash in on this unfortunate tragedy. If the victim feared the animal then she would have never gone there. This is an unforseen event.

[ryan]

Im not sure if the same ownership laws that apply to dogs apply to chimps but if they do then the owner is repsonsible but i guess that depends on the city as well. I still dont know why they are trying to get so much money out of this poor old lady whos "friend" just suffered serious injuries.

[Show Me]

The victim Charla is still in critical condition in the hospital. Give the folks that have the power time to get their ducks in a row before asking if they are going to file criminal charges. I presume it would be the city or county she lived in. HOWEVER, they are probably taking their time in order to cover their own butts, as there had been previous incidents with this chimp before. And, they did not do their due diligence when they had the chance. They should have gotten advice then on how chips behave when they get this age, in particular male chimps. There are many experts in the field who have said before and after this incident that they become moody, and violent and uneasy to handle. Had the city done it's job, maybe the animal would hae been taken to a sactuary where it could have lived the kind of life a chimp should and have been kept safely away from people. Since they didn't do this, then the city could or should also be held liable since they didn't do what they should have done in the first place!!! And Kathy, if you think it is "ironic" that the family is asking for $50 Million, have you any idea how much they mayactually get, and how much the hospital and medical bills are going to be plus what it' going to take to rehabilitate Charla if she survives? Plus what it's going to take to help her live any kind of life after this, with no hands. A LOT of you people on here should engage your brain before you let your fingers loose on the keyboard!

[Ross]

it's pretty simple. If you can't control your animals, your animal gets out and hurts somebody or kills them, then you should get a felony conviction and go to jail.

But instead of taking responsibility everybody plays the blame game. All this petty bickering over, "oh, the animal has feelings! it's not agressive!" is completely irrelevant. You guys aren't children, you shouldn't be pointing fingers trying to justify irrelevancies. When somebody gets their face ripped off, that's a felony.

[Athena]

Charla didn't have insurance. Her injuries are going to require repeated surgeries for at least 2 years. At the moment, she doesn't have eyes, eyelids, lips, nose, or the bones between the cheekbones. They gave her an artificial "hard palate" so that she can eat and talk a little easier, but it has no teeth. She has to take all her meals through a straw. She doesn't have hands.

It is entirely possible that $50 million might be *low* as an estimate for how much her medical care is going to cost, never mind training to live as a blind person, prosthetic hands, personal assistants, and so on. Just because they are filing for that amount, doesn't mean they expect to be able to get it, oftentimes lawyers will file high, knowing that they will get less, hoping to get enough for the person's needs.

Her family have had to take a lot of time off work, and fly across the country repeatedly to visit with her where she is being cared for. That, also, is costing *them* money, aside from her needs. Her daughter just graduated from high school, and Charla wants her to go to college, a perfectly reasonable thing for a single mother to want for her only child.

It is very unfeeling to accuse her family of trying to "cash in". Perhaps, instead of criticizing them, you could write a friendly email to Charla and wish her a "get well" sentiment. That, at least, won't cost you *anything*, and it does make her day a bit brighter when her brothers sit and read well wishes to her.

[Heather]

Good for you, Athena!

[Jim]

1) My heart goes out to Charla Nash and her entire family; 2) When her neighbor made the 911 call she did sound very upset, and her agreeing to appear on "The Today Show" made her sound as screwed up as she is. She said on "today" her chimp did not have to die. Well Charla Nash did not have to lose her face, or undergo a trachotomy so she can breath; 3) As for dog's: any dog can be trained as a pit bull-styled dog. Pitbull's nearest competition, other than a second pit bull, is a doberman pinscher. Either has jaws strong enough to tear us apart, limb by limb. Here on Long Island, about 15 years ago, a Garden City, NY policeman had responded to a call of domestic disturbance. From the outside of the house he heard something very suspiscious. When he opened the front door, legally he had that right, a pit bull jumped at him and grabbed his arm. The officer did survive, but he also emtied his revolver (after the first shot, other police responded) into the dog. Even after the dog was dead, he still had a hell of a grip on the arm of the police officer, who's fellow officers showed up in time to make sure the dog was dead. (approximately 21 bullets were fired at the dog, and the family was fined)

[Me]

I agree with Kathy. She knew what the chimp was like, she was not forced to go there that day. I feel bad for the victim but I beleive the owner did all she could to help save her friend. I feel that Charla should get compensated, but to what degree???? She went on Oprah to rehash the story so people would give to her trust fund, plus sueing for 50 million!! What more does she want?

[Karen Saucedo]

There is no question of fault here. Herrold housed an ape who was extremely stong and losing control. He was anxious and agressive and she was treating him with valium. This was an accident waiting to happen. He'd escaped the house before and yet was still able to get the keys and do it again. Why Charla Nash ever went near him after he jumped her before and pulled her hair out, I don't know. But, she was asked to help round him up and she did. If she hadn't, maybe it would have been a child in the neighborhood who was mauled. The manner of Travis' life and death and the manner in which Charla Nash now lives are Herrold's fault. 100%

[Samantha]

I don't know about pit bulls, but I agree that these wild animals such as wild cats and chimps need to be wild -- far away from city life! Pit bulls, are aggresive, but in the right hands, are as harmless as babies.

Sandra, or whatever her name is, deserves to be put in jail and sued! I can't imagine my mother being put through this, and Charla Nash shouldn't either!

Where do people get off keeping wild animals for pets? I'm sure Obama owns a Rhino, and a lion. He is about as smart as Sandra!