Jury rejects claim by man in attack on dog by library cat

By: TERI FIGUEROA - Staff Writer | Friday, January 30, 2004 11:20 PM PST ∞

It took a jury little more than two hours of deliberation Friday to reject a claim from a man that the city of Escondido violated his civil rights when a cat living in a city library attacked his assistance dog more than three years ago.

The jury denied Richard Ramon "Rik" Espinosa's claims on all three issues before them: that the city failed to offer him the same right as the general public to use the library; that it failed to offer him equal access; and that it prevented his dog Kimba from acting as an assistance dog.

"I am disappointed, I am not surprised," said Espinosa, who represented himself during the trial and appeared shaken after the verdict.

That decision means that no money is owed to Espinosa by the city. He said he would appeal.

Espinosa originally asked for $1.5 million in compensation and damages, but after San Diego Superior Court Judge Yuri Hoffman ruled against him on a number of motions Wednesday, he agreed to cap his potential award at $15,000.

Espinosa says he has several disabilities, including major depressive and panic disorders. A former North County Times reporter, the man said the city denied his civil rights because he was unable to enter the library with Kimba, his certified assistance dog.

"They (the jury) said the cat didn't block my access (to the library)," Espinosa said. "That's ridiculous. We got stopped cold."

About six months after scratching Kimba, the cat attacked another dog and it was removed from the library.

During jury selection Wednesday, Judge Hofmann excused four potential jurors who said they felt the case was "frivolous" and that they could not be impartial. Others also said the case was without merit, but said they could look beyond that feeling.

"After that first juror said the word 'frivolous,' and so did the next five, I thought the whole panel should have been thrown out," Espinosa said. "I truly think the well got poisoned right there."

Escondido's Senior Deputy City Attorney Steve Nelson said that when the verdict was read Friday afternoon, he immediately got a mental image of "a whole group of happy librarians jumping up and down."

"I called our library staff and they are absolutely delighted," Nelson said. "They feel like the jury's decision vindicated what they have been doing with respect to the rights of the disabled."

The city did not dispute that Espinosa has disabilities, that his dog helped him with his disabilities or that the cat, named "L.C." for Library Cat, attacked Kimba the assistance dog shortly after the dog and Espinosa entered the library in November 2000.

Both sides also agreed 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. Total cost: about $335.

The city offered twice to settle with Espinosa, including one offer of $1,000. Espinosa declined.

Nelson was unable to estimate how much the city spent defending itself against Espinosa's allegations, but he said it was a considerable sum.

He also said the case could drag on for months or years if Espinosa does appeal.

As for the question whether the library may adopt another cat or any other pets in the future, Nelson gave a firm, albeit light-hearted, "No comment."

City News Service contributed to this report. Contact staff writer Teri Figueroa at (760) 740-3517 or tfigueroa@nctimes.com.

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