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Brothers receive $900,000 settlement for San Francisco zoo tiger attack

waggy

No Lifer
mercury news link

SAN JOSE ? The two San Jose brothers whose friend was fatally mauled on Christmas Day 2007 by a tiger that escaped a closure at the San Francisco Zoo will receive $900,000 as part of a settlement in a civil lawsuit, according to a source.

Kulbir and Amirtpal "Paul" Dhaliwal originally filed a lawsuit in November that blamed city officials and the zoo for their injuries sustained during the attack and also sought damages for defamation in the aftermath of the incident. The brothers amended their complaint two weeks ago to seek additional claims, alleging that the city was attempting to bully the Dhaliwals into not seeking a civil lawsuit by threatening to issue an arrest warrant for manslaughter in the death of their friend, Carlos Sousa Jr., who was mauled to death by a Siberian tiger.

Los Angeles-based attorney Mark Geragos, who represented the Dhaliwals in their suit against the San Francisco Zoological Society, City and County of San Francisco and public relations guru Sam Singer, said the brothers are "pleased and happy to put" the case behind them.

In the court papers filed May 15, Geragos wrote that he received thousands of new documents of discovery from city, police and zoo officials on May 12 and 13 . After reviewing those new documents, Geragos determined that " it is now abundantly clear that the City of San Francisco Police Department's threat to file involuntary manslaughter charges" against the Dhaliwals in the death of their friend "was a ruse to dissuade them from pursuing an action."

Reached today, Geragos said the arrest warrant was never issued because "a very professional police officer refused to be cowed or bullied."

The San Francisco Police Department did not immediately respond to questions about the allegations made in the lawsuit.

Geragos also said the new documents proved that many of the statements made by the zoo following the attack, including allegations that the Dhaliwals and Sousa taunted the Siberian Tiger named Tatiana and threw objects into her pen, didn't happen.

"In the short run, it was a great smear job," Geragos said. "In the long run, it cost the city well over a million to defend the lawsuit and monies it had to pay out."

In the amended complaint, the Dhaliwals sought punitive damages because of the "zoo's blatant and reckless disregard for the safety" of the brothers. Geragos wrote that zoo employees refused to allow the "profusely bleeding" and injured brothers to a place of safety when the tiger was loose. Geragos added that the "zoo employees' refusal to provide a safe haven within the locked doors of Terrace Café was tantamount to allowing the tiger free range to launch additional attacks against the defenseless victims."

The Dhaliwals also argued that the exterior wall of the tiger cage was four feet below the recommended height for tiger enclosure, that Tatiana had previously attacked a caretaker during a public feeding session and was shown to be an aggressor in several attacks on other tigers.

Geragos alleges that at one point during the police investigation the captain in charge "instructed his subordinates to issue warrants" for the Dhaliwals on suspicion of involuntary manslaughter for the death of Sousa.

The attorney added that the recent discovery revealed that the police department sought the arrest warrant while "knowing affirmatively that they had no basis to do so" and that the department heads demanded the arrests even though they were informed that the investigation could not substantiate involuntary manslaughter.



/sniped


so where are all the people saying this should have been thrown out? the court records proved that they were trying to smear the boys reputation and get people to go against them.

they even tried to have the police department issue arrest warrents for suspesion of involentary manslaughter.

what a disturbign story.

glad they won. though not as much as i think they deserve but more then i expected.
 
Err, I don't get it. If the guys did NOT taunt the tiger in any way I don''t see why it would have attacked. At least according to the person i know that works with animals like tigers they are not going to just randomly attack someone.

Edit: The tiger enclosure was WITHIN THE REQUIRED SPECIFICATIONS. Everything I have seen has stated that they recently changed the recommended height to be higher, but that the enclosure was within the legal range.
 
Originally posted by: SarcasticDwarf
Err, I don't get it. They don't seem to deny that they were taunting the tiger and caused it to leave the enclosure.

they never admited to that. the boys have always said that the Zoo was lieing about it also in the article is even states "Geragos also said the new documents proved that many of the statements made by the zoo following the attack, including allegations that the Dhaliwals and Sousa taunted the Siberian Tiger named Tatiana and threw objects into her pen, didn't happen."
 
Not a muthafuckin dime.

Taunt a tiger and get your ass kicked?

Sounds like Karma...and Darwin rolled up in one.
 
Originally posted by: SarcasticDwarf
Err, I don't get it. They don't seem to deny that they were taunting the tiger and caused it to leave the enclosure.

Originally posted by: cyclohexane
this is BS. These douches taunt a tiger and got mauled. They shouldn't get anything from the city.

Originally posted by: BoomerD
Not a muthafuckin dime.

Taunt a tiger and get your ass kicked?

Sounds like Karma...and Darwin rolled up in one.

Did you bother reading the article?
 
If I was there with my family and someone taunted a tiger enough for it to get out of its enclosure, and it mauled one of my loved ones, $900k is only what they'd be spending in legal fees.

What's BS is suggesting that tiger enclosures don't need to be taunt-proof, and that zoo's shouldn't be liable for deaths if they aren't.
 
Damn, thought they would get 7 figures easy.

I don't understand why you guys care if they taunted it or not. DANGEROUS animals should not be able to leave their enclosures by their own ability PERIOD.

What if some douchebag taunted a tiger, made it come out of it's poorly constructed "enclosure", and it proceeded to maul your 5 year old instead?
 
Originally posted by: jjsole
If I was there with my family and someone taunted a tiger enough for it to get out of its enclosure, and it mauled one of my loved ones, $900k is only what they'd be spending in legal fees.

What's BS is suggesting that tiger enclosures shouldn't be taunt-proof, and zoo's aren't liable for deaths if they aren't.

Face Palm...


Read the story.
 
Originally posted by: waggy
Originally posted by: SarcasticDwarf
Err, I don't get it. They don't seem to deny that they were taunting the tiger and caused it to leave the enclosure.

they never admited to that. the boys have always said that the Zoo was lieing about it also in the article is even states "Geragos also said the new documents proved that many of the statements made by the zoo following the attack, including allegations that the Dhaliwals and Sousa taunted the Siberian Tiger named Tatiana and threw objects into her pen, didn't happen."

So documents proved a negative? Where can I get copies of them?
 
Originally posted by: MrPickins
Originally posted by: SarcasticDwarf
Err, I don't get it. They don't seem to deny that they were taunting the tiger and caused it to leave the enclosure.

Originally posted by: cyclohexane
this is BS. These douches taunt a tiger and got mauled. They shouldn't get anything from the city.

Originally posted by: BoomerD
Not a muthafuckin dime.

Taunt a tiger and get your ass kicked?

Sounds like Karma...and Darwin rolled up in one.

Did you bother reading the article?


What article? 😛

Yeah, I read it. Geragos is the kind of slimeball attorney who always blames everyone except his client. He was Scott Peterson's attorney as well...
 
Why did the plaintiffs settle, if they knew they were wronged?

Settlement doesn't acknowledge any guilt by the Zoo, just cheaper than going thru a long expensive court process.
 
Originally posted by: Capt Caveman
Why did the plaintiffs settle, if they knew they were wronged?

Settlement doesn't acknowledge any guilt by the Zoo, just cheaper than going thru a long expensive court process.

They, like most, settle as they get the money now and not 10 years later and after the lawyers fees eat it all up.
 
Wow, the ignorance going on in this thread is astounding... though I shouldn't be surprised. People form their initial opinion and rarely sway regardless of what evidence may come out later.

Good for them. At least they get some money but it looks like, based on the sampling in this thread, they will never get their rep back in full.
 
Originally posted by: BoomerD
Originally posted by: MrPickins
Did you bother reading the article?

What article? 😛

Yeah, I read it. Geragos is the kind of slimeball attorney who always blames everyone except his client. He was Scott Peterson's attorney as well...

I agree with you there.

Still, neither of us can say with any certainty what really happened that day until documents are released. Until then, I'll give the plaintiffs the benefit of the doubt.
 
Originally posted by: Fingolfin269
Wow, the ignorance going on in this thread is astounding... though I shouldn't be surprised. People form their initial opinion and rarely sway regardless of what evidence may come out later.

Good for them. At least they get some money but it looks like, based on the sampling in this thread, they will never get their rep back in full.

Why would it? Nothing was proven by the settlement, just that you can sue for anything and it's cheaper to settle than go thru a long drawn out trial.
 
Originally posted by: jpeyton
Damn, thought they would get 7 figures easy.

I don't understand why you guys care if they taunted it or not. DANGEROUS animals should not be able to leave their enclosures by their own ability PERIOD.

What if some douchebag taunted a tiger, made it come out of it's poorly constructed "enclosure", and it proceeded to maul your 5 year old instead?

The first sensible post i have read in this thread. It should be physically impossible for a tiger to leave it's enclosure no matter what the customers sre doing.
 
Originally posted by: MrPickins
Originally posted by: BoomerD
Originally posted by: MrPickins
Did you bother reading the article?

What article? 😛

Yeah, I read it. Geragos is the kind of slimeball attorney who always blames everyone except his client. He was Scott Peterson's attorney as well...

I agree with you there.

Still, neither of us can say with any certainty what really happened that day until documents are released. Until then, I'll give the plaintiffs the benefit of the doubt.

That's where we differ. IIRC, some of these guys apparently had fairly extensive criminal records...and supposedly were drunk and/or high at the time of the attack.

I find it hard to believe the tiger all of a sudden decided to attack a group of people who were innocently walking by...minding their own business...UNLESS, the tiger recognized them as Indians...and was hungry for his native food...😛

(yes, I KNOW it was a Siberian tiger not a Bengal tiger.)
 
The smear campaign alone was worth 900k, let alone getting attacked by a tiger and having their friend killed...

Threatening to file Inv. manslaughter IF they sue? Are you fucking kidding?

I bet they would have cleaned house if Cal wasn't so far in debt.
 
Originally posted by: Zaitsev
The smear campaign alone was worth 900k, let alone getting attacked by a tiger and having their friend killed...

Threatening to file Inv. manslaughter IF they sue? Are you fucking kidding?

I bet they would have cleaned house if Cal wasn't so far in debt.

this is just for the two kids. the zoo already seattled with the family of the dead kid.


i don't think the fact that they just threatened to file the inv. manslaughter charges would do much in the lawsuit. now if they actually tried to arrest them for it...


again people miss the fact it really does not matter if they taunted them (all proof says they didnt. teh zoo claimed a shoe was int eh enclosure wich was a lie). The zoo has the responsbility to keep the visitors safe. they failed at this.

 
Originally posted by: waggy
seems the smear job the zoo put out worked. tis a shame.

THIS is why many of the "touchstone" articles posted here that get everyone's righteous dander up one way or another really must be taken with several grains of salt (or a healthier salt substitute) -- the woman who lost her limbs in the hospital comes to mind -- because we generally just don't have ALL the damn facts.

 
Originally posted by: Perknose
Originally posted by: waggy
seems the smear job the zoo put out worked. tis a shame.

THIS is why many of the "touchstone" articles posted here that get everyone's righteous dander up one way or another really must be taken with several grains of salt (or a healthier salt substitute) -- the woman who lost her limbs in the hospital comes to mind -- because we generally just don't have ALL the damn facts.

True, but you are making the ridiculous assumption that the articles that come later are any more accurate. The zoo was 100% within the law in their enclosure height, yet it is said in the article that it was too short. So even this article bends the truth.
 

Yep...these were fine upstanding youths alright...looks like I was suckered by the media again...guess we really should ban cars, guns, knives, chainsaws and anything else has the potential to kill a dumbass but for some reason, most people can use or enjoy without getting themselves injured or killed...


Text


The alleged shoplifting incident isn't his first brush with the law.

In February, both he and his brother, Kulbir Dhaliwal, 24, who also survived the tiger attack, were in court to seek the personnel records of San Jose officers who arrested them after they scuffled with police on Sept. 7. But at a hearing Friday, the defense withdrew that motion, said Stuart Scott, a Santa Clara County deputy district attorney. An attorney for Paul Dhaliwal did not return a call for comment.

After that incident, both men were charged with public intoxication and resisting arrest, both misdemeanors. Paul Dhaliwal was also charged with misdemeanor battery on a police officer.

The brothers were arrested after they allegedly refused to cooperate with officers who reported seeing them chase two men down the street, according to police reports.

Paul Dhaliwal is accused of hitting an officer in the chest with his forearm as the officer tried to restrain him, leading to the battery charge. He stopped resisting only when an officer held a stun gun to his neck and threatened to use it, according to a police report.

Kulbir Dhaliwal cursed at officers while kicking the security partition in a squad car, forcing police to pull him out and put him in leg restraints, the police report states.

In February, Paul Dhaliwal pleaded not guilty to marijuana possession after being cited Dec. 21 for allegedly having 1.8 grams of pot in his pocket while in the parking lot of a Milpitas hotel.

He had been placed on probation three days before that incident after pleading no contest to felony reckless driving and other charges for leading police on a 140 mph chase on April 28, court records show.



Text

Toxicology results for Paul Dhaliwal showed that his blood alcohol level was 0.16 ?twice the legal threshold for drunkenness? according to the affidavit. Kulbir Dhaliwal's blood alcohol level was 0.04 percent and Sousa's was 0.02 percent, Matthews wrote.

All three also had marijuana in their systems, Matthews said. Kulbir Dhaliwal told police the three had smoked pot and each had "a couple shots of vodka" before leaving San Jose for the zoo Dec. 25, the affidavit said.

Police found a small amount of marijuana in Kulbir Dhaliwal's 2002 BMW, which the victims rode to the zoo, as well as a partially filled bottle of vodka, according to court documents.
 
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