Trial over cat and dog battle begins

By: TERI FIGUEROA - Staff Writer | Wednesday, January 28, 2004 11:02 PM PST ∞

VISTA ---- Frivolous. That was the word from many potential jurors during jury selection Wednesday about a $1.5 million lawsuit against the city of Escondido that was filed by a man with disabilities after a cat living in a city library attacked his assistance dog in 2000.

But as opening arguments in the case began Wednesday afternoon, Richard Ramon "Rik" Espinosa ---- who filed the suit and is acting as his own attorney ---- cautioned the panel that his suit is not frivolous and to not "let that 'F' word get in the way."

The issue 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.

Also on Wednesday, San Diego Superior Court Judge Yuri Hofmann rejected most of Espinosa's argument that the case violated the federal Americans With Disabilities Act. After the ruling, Espinosa agreed to limit his potential award to $15,000.

Escondido City Attorney Steven Nelson called Hofmann's decision "judicial right-sizing."

The city does not dispute that Espinosa has disabilities, that his dog helps him with his disabilities nor that the cat, named "L.C." for Library Cat, attacked Kimba the assistance dog shortly after Kimba and Espinosa entered the library.

Both sides also agree that the attack resulted in a trip to the vet for the dog, a trip to the doctor for Espinosa and about two days' worth of lost wages from his then-job as a reporter for the North County Times. Total cost: about $335.

Espinosa told the jury the case is a civil rights battle, because the existence of the cat in the public library acted as a barrier to his entry. The cat had a history of attacking dogs.

Nelson used his opening statement to tell the jury that the city did not violate Espinosa's right to use the library. Espinosa, he said, actually had more rights than the average person because he had the right to bring his dog into the library.

Is this a civil rights case, Nelson asked, or is it that "a cat went crazy and scratched a dog?"

Many of the potential jurors questioned said they believed the lawsuit was frivolous, a conclusion some said they reached after hearing the judge's list of some of the details of the case. Others said they felt that way based on news reports.

In fact, four of the jurors were excused after they told the judge they simply would be too biased against the man filing the case to weigh the case impartially.

A few of the 10 women and two men chosen for the jury also said they believed the suit is frivolous, but said they could get beyond that initial response.

Espinosa told the jury that media reports of the case had been inaccurate and that radio disc jockeys "have wildly exaggerated the case."

"It's not a dog and cat fight," he told the jury, "and I'll show you proof of that."

Espinosa has several disabilities, including major depressive and panic disorders, which he said have arisen in the last seven years.

"I realized I had a problem when I was ordering underwear from the J.C. Penney catalog so I wouldn't have to (leave my house to) do laundry," he told the jury.

Espinosa said his assistance dog helps calm him and keep his panic attacks at bay.

During jury selection, when the judge asked jurors if they had pets, Espinosa spoke up and said, "Kimba is not a pet."

Espinosa later said during a break from the proceedings that Kimba should be considered as akin to medical equipment, much like an oxygen tank or a cane. The dog helps calm him, he said, and thus he needs less medication.

For her part, the 55-pound Labrador spent her time in court sleeping on a blanket next to Espinosa on a chair or on the floor. And when Espinosa and defense attorney Nelson met in private with the judge, Kimba tagged along.

The trial is slated to continue today and possibly Monday. Espinosa said he will likely call on himself to testify today.

Contact staff writer Teri Figueroa at (760) 740-3517 or tfigueroa@nctimes.com.

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