[FEL-L] Brothers file claim in S.F. zoo tiger attack

[Gary Breuckman]

Brothers file claim in S.F. zoo tiger attack
Henry K. Lee,John Coté, Chronicle Staff Writers
Saturday, March 29, 2008

S.F. Zoo Mauling
In claim, pair accuse S.F. of negligence, defamation (3/28)

 (03-28) 13:21 PDT SAN FRANCISCO --

The San Jose brothers who survived a Christmas Day tiger attack at
the San Francisco Zoo are taking legal action against the city,
arguing that they are owed an unspecified amount of money because of
the zoo's negligence.

The brothers, Kulbir and Paul Dhaliwal, contend that they suffered
serious injuries and emotional harm when a 243-pound Siberian tiger
named Tatiana escaped its enclosure and mauled them Dec. 25.

The tiger killed 19-year-old Paul Dhaliwal's close friend Carlos
Sousa Jr., 17, before police shot and killed the animal.

In claims made public Friday, Los Angeles attorneys Mark Geragos and
Shepard Kopp say that Kulbir Dhaliwal, 24, underwent surgery on both
knees because of wounds he suffered in the attack.

The claim also contends he was deprived of the use of his BMW M3, the
car the three victims took to the zoo. Police impounded and only
recently returned the car.

"Now that we've filed the claims, we'll see whether or not the city
is willing to admit that it kept a dangerous animal in a dangerous
habitat," Kopp said.

Should the case go to trial, Kopp said he is absolutely sure that a
San Francisco jury would give his clients a fair opportunity to prove
their case. "I'm a San Francisco native," Kopp said. "I think people
there are independent thinkers."

The claims were filed Thursday, the same day Paul Dhaliwal was
arrested on suspicion of trying to steal two video-game controllers
at a Target store in San Leandro.

Under state law, city officials have 45 days to offer the brothers a
settlement or to reject the claim and open the doors to a lawsuit.

Matt Dorsey, spokesman for City Attorney Dennis Herrera, said, "The
Dhaliwal brothers' attorneys have made clear from the beginning that
they intended to sue the city, and these claims are the procedural
first step."

The San Francisco Zoo is owned by the city of San Francisco; it is
operated by a nonprofit group.

The Dhaliwals' claims also state that a public relations firm
conducted a "smear campaign" against the brothers, humiliating and
degrading them.  The claims specifically cite Sam Singer, a
well-known crisis management spokesman whose firm was retained by the
zoo after the attack.

Singer has suggested the brothers might have done something to
provoke the tiger attack, an accusation the Dhaliwals' attorneys
denied.

"The allegations by Mr. Geragos are completely false," Singer said.
"We stand by the information that we provided the news media and the
public so that people could see and make up their own minds about
what happened that day at the San Francisco Zoo."

Sousa's family is awaiting a copy of the San Francisco police report
before filing a claim against the city and the zoo, said attorney
Jacqueline Fagerlin.

"The zoo has an absolute obligation to ensure that all of its animal
enclosures are secure and safe, for two reasons," Fagerlin said.
"One, it protects the patrons and the zoo, and two, it protects the
animals. It's clear in this case that the enclosure was not safe. It
was not secure and not up to standard and, as a result, we have a
dead child, whose parents are suffering terribly over that, two other
individuals seriously injured and a dead tiger."

Zoo officials found that the wall of the tiger enclosure was about 4
feet shorter than recommended by a national accreditation group.
That group, the Association of Zoos and Aquariums, concluded that the
zoo was dangerously understaffed and inadequately prepared for
handling such an emergency that night, according to a report released
earlier this month.

On SFGate.com: Read the claim filed against the city at www.sfgate.com/ZCVS.
E-mail the writers at hlee at sfchronicle.com and jcote at sfchronicle.com.
This article appeared on page A - 1 of the San Francisco Chronicle