$1.5 million is at stake - over a catfight:
Jury selection is slated to begin today in a $1.5 million lawsuit a man with disabilities filed against the city of Escondido after a cat living in a city library attacked his assistance dog in 2000.
Richard Ramon "Rik" Espinosa, acting as his own attorney, is suing the city for damages over the Nov. 16, 2000, incident. Espinosa alleges in the lawsuit that he has several disabilities, including major depressive and panic disorders.
The issue to go before the jury is whether Espinosa had the same right to enter and use the library as anyone else, whether the city denied his right to have his assistance dog with him, and whether the city interfered with his admittance to and enjoyment of the library.
Espinosa is a former North County Times staff writer who had gone to the library on assignment the day the cat, named "L.C." for "Library Cat," is said to have attacked his dog Kimba.
The city does not dispute that Espinosa has disabilities, that his dog helps him with his disabilities or that the cat scratched the dog, Escondido City Attorney Steven Nelson said Monday.
"The key issue for us is we don't think that the cat scratching the dog is disability discrimination," Nelson said Monday. "The cat didn't prevent his access, it delayed his access."
That delay, the city attorney said, is akin to the type of delay one faces by going up a wheelchair ramp, instead of bounding up the stairs.
The actual damages ---- lost wages, trips to the vet and to Espinosa's doctor ---- tally up to about $325. Nelson said the city offered up two settlements, including one for $1,500, but Espinosa refused.
All I can say is, I'm gleeful at the chance to read the words, apparently said with a straight face, "The cat was a barrier to my access, and the city has circled the wagons around the cat." Espinosa claims intent and premeditation; the city supposedly knew the cat was vicious, and evil, and out to get him. Oh, and it sounds like the dog's mental state might become an issue as well, as Espinosa is alleged that everyone in Escondido has been talking about that "wuss dog that got beat up by a cat."
Must be a slow news year in Escondido. My guess is everyone's now going to be talking about the lawsuit:
Among the items that Espinosa wants the jury to see is a photograph of him with boxer Muhammad Ali. Nelson said the picture is not relevant to the case; Espinosa said the photo gives him credibility.
It also strengthens his argument, Espinosa said, since he believes the cat is like the famed pugilist: a tiger in the ring, a pussycat outside of it.
It's wrong to giggle at a disabled person, isn't it? Okay, I'll stop.
Posted by kswygert at January 26, 2004 11:41 PM