The San Francisco Zoo agreed Thursday to pay $900,000 to two brothers who
survived the fatal attack by an escaped tiger on Christmas Day 2007,
sources familiar with the case told The Chronicle.
The agreement with Kulbir, 25, and Amritpal "Paul" Dhaliwal, 20, resolves
claims the brothers brought in U.S. District Court against the city, zoo
and Sam Singer, a crisis public relations consultant the zoo hired after
the attack, one source said.
Thursday's settlement comes less than two weeks after attorneys for the
brothers filed court documents alleging that police officials had ordered
officers to issue arrest warrants for the Dhaliwals, accusing them of
manslaughter in the death of their friend, 17-year-old Carlos Sousa Jr. of
San Jose, who was killed by the tiger.
Police command staff ordered the arrest warrants to deflect attention from
the city's negligence and to intimidate the brothers, "even though they
were informed that the investigation could not substantiate involuntary
manslaughter charges, or any charges being brought against (the
Dhaliwals)," attorneys Mark Geragos and Shelley Kaufman wrote in seeking
to update the lawsuit to pursue more damages against the city.
At the time, zoo and city representatives suggested the three must have
taunted the tiger before it jumped out of its enclosure. The brothers were
never arrested nor charged with wrongdoing in connection with the tiger's
escape.
City officials referred questions on the case to the zoo, where officials
did not return calls seeking comment.
The Zoological Society earlier this year settled a lawsuit with the Sousa
family for an undisclosed amount.
The Dhaliwal brothers' lawsuit alleged the zoo was negligent on multiple
fronts, including keeping the 243-pound Siberian tiger named Tatiana in an
enclosure that had walls 4 feet lower that what is recommended by the
Association of Zoos and Aquariums. They also say the zoo ignored workers'
warnings about the wall height.
They also contended that Kulbir Dhaliwal wasn't attacked until after an
employee refused to allow him into the safety of a zoo cafe. That incident
occurred about 20 minutes after the tiger leapt from its grotto and
attacked Paul Dhaliwal before turning on Sousa, the lawsuit said.
Kulbir Dhaliwal also argued his federal civil rights were violated because
he was deprived the use of his BMW M3, the car the three took to the zoo.
Police impounded the car during their investigation but didn't seek a
court order to search it until they had had the car for about two weeks,
according to the lawsuit.
City Attorney Dennis Herrera's office has said the city is not liable and
that its lease with the San Francisco Zoological Society, the nonprofit
that operates the zoo, protects it in the lawsuit. The lawsuit also
accused Singer of libel and slander for allegedly engaging in a smear
campaign to suggest the young men were disreputable and had taunted the
tiger. Singer also denied wrongdoing.
At the time of the attack, both brothers were facing charges of public
intoxication and resisting arrest after a Sept. 7, 2007, scuffle with San
Jose police. They were later convicted.
Paul Dhaliwal also has a series of other criminal convictions, including
one for leading police on a 140-mph chase through San Jose in April 2007.
Geragos said the settlement included "an implicit recognition that what
Sam Singer did was despicable," saying such recognition is "when somebody
writes you a check."
Singer's voice mail message indicated he was out of the country. He could
not be reached for comment.
Thursday, June 4, 2009
SF Zoo settles with brothers in tiger attack
Posted by
Wade G. Burck
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1 comment:
Ugh! So they taunt the tiger, who had never previously attempted to maul zoo-goers, it leaps out, attacks them, and they get paid? AND... didn't they shoot the tiger? This is the sort of stuff that makes me mad. The complete lack of common sense available during these investegations. :P
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