Union Trib

Escondido gets $1.5 million claim; library cat allegedly assaulted dog

By Jonathan Heller, STAFF WRITER

May 4, 2001

ESCONDIDO -- A San Marcos man has filed a $1.5 million claim against the city because a cat who lives in the Escondido Public Library allegedly attacked his dog.

Richard R. Espinosa said he entered the library Nov. 16 with his assistance dog, Kimba. Moments after they were inside, a cat named L.C. attacked the dog, the claim says.

It says that the dog -- a Labrador mix that weighs about 50 pounds -- suffered scratches and puncture wounds to his face, and that Espinosa was emotionally traumatized and suffers from flashbacks, terror, nightmares and other problems.

The cat was apparently uninjured.

In 1994, a homeless woman visiting the library donated the cat. It was named L.C., for Library Cat. Featured on the library's Web site, the popular cat can usually be found lounging on bookshelves or cabinets. "L.C. is beloved by all who visit the library," the library's Web site says, but Espinosa calls that "a gross assumption and misstatement."

Espinosa, 47, gave the following account of the incident in the 40-page claim: "The cat casually stretched and jumped to the floor where it touched noses with Kimba, who reacted to the cat with curiosity but with no hostile manner whatsoever.

"The feline then suddenly and without provocation began hitting and clawing Kimba with both front paws with claws extended while screeching, pausing briefly and then renewing the attack.

"The cat then paused briefly again before attacking a third time: the last time with all four paws with claws extended at some point and firmly embedded into Kimba's head and neck areas with the feline hanging from the canine."

The dog received treatment for scratches to its face, according to a $46.49 veterinarian's bill included with the claim. Espinosa said he injured his back. He included a chiropractor's bill for $38.

But the emotional damage wrought by the attack has been much worse, Espinosa said in a telephone interview yesterday.

"My back didn't feel good for a week, but mentally, I'm still not recovered," he said.

Espinosa, a former courts reporter for the North County Times, filed the claim himself after four lawyers declined to do it, he said.

City Attorney Jeffrey Epp declined comment.

Espinosa said he uses Kimba to help him deal with complications related to panic disorders and post-traumatic stress disorder. Kimba, he said, is able to sense when a panic or anxiety attack is coming, and warns him by putting a ball in his lap.

Espinosa also said in the claim that library employees declined to assist him after the incident. It says he was "barely able to stagger with Kimba to a bench" due to a panic attack.

In addition to the $1.5 million, Espinosa wants the cat declawed and the library to post a sign warning of potential danger to other animals. The attack, according to the claim, caused Espinosa to suffer "significant lasting, extreme and severe mental anguish and emotional distress including, but not limited to, terror, humiliation, shame, embarrassment, mortification, chagrin, depression, panic, anxiety, flashbacks, nightmares, loss of sleep (and) loss of full enjoyment of life as well as other physical and mental afflictions and pain, suffering" and permanent damage to the dog.

A claim is typically filed as a precursor to a lawsuit. If the city denies the claim, Espinosa said, he would file suit.

-- Anonymous, May 04, 2001