Richard "Rik" Espinosa, a former radio and newspaper journalist, is seeking $1.5 million in damages because his assistance dog was attacked by a cat who lived at the library.
In 2000, the cat blocked his entrance to the library and scratched his dog.
The San Diego Uniion-Tribune reports:
In the opening statement of a trial in the case, Espinosa told the 10- woman, two-man jury the cat "blocked my access into that building. My civil rights were violated and, in turn, your civil rights were violated."Librarians got rid of the cat in May 2001 after its third attack on a dog, according to the North County Times.
Espinosa, acting as his own attorney in the case, addressed the jurors nervously.
Espinosa said he rescued Kimba from a pound in Tulsa when the dog was 4 months old and kept it as a pet.
He began suffering panic attacks from the smoking of his co-workers seven years ago, and returned to San Diego County with the dog, he said.
The attacks became so severe, he said, he would order underwear from a catalog, rather than face public humiliation at a laundry.
Eventually, he came to believe Kimba would warn him of impending panic attacks by bringing him a ball, making him an "assistance" dog, he told jurors.
"My disabilities are real," Espinosa said. "I have a lot of them. I have worked through some of them."
Besides the panic attacks, the plaintiff said he suffers from clinical depression and Post Traumatic Stress "syndrome."
Steve Nelson, an attorney for the city of Escondido, said library employees were unable to ensure access for the disabled plaintiff the day of the attack because he left immediately.
More information comes from the North County Times where Espinosa had worked at one time as a staff writer.
Espinosa says he's allergic to cats and couldn't risk pulling 12-pound L.C. off Kimba. So, the man said, he dragged his dog backward, injuring his own back and suffering a panic attack in the process.Espinosa's throat tightens and his voice shakes when he recalls the details of the "mauling." He points out scars on Kimba's furry face.
Also hard to handle, he said, is that everyone has laughed about his "wuss dog that got beat up by a cat."
Before the jury hears word one of the trial, there are still 29 pieces of evidence that the two sides are wrangling over.
Among the items that Espinosa wants the jury to see is a photograph of him with boxer Muhammad Ali. Nelson said the picture is not relevant to the case; Espinosa said the photo gives him credibility.
It also strengthens his argument, Espinosa said, since he believes the cat is like the famed pugilist: a tiger in the ring, a pussycat outside of it. L.C.'s ring, the Palomar Mountain resident said, was the library on South Kalmia Street.
At the court's urging, Espinosa has scaled back his original list of 117 witnesses to just 20, including the city mayor, Nelson said.
The cat was removed from the library after the third time it attacked a dog and lived at the home of a library staff member until its death in October last year.
Why aren't they showing this one on Court TV? Heck, I'd even be willing to pony up a few bucks to watch it on Pay Per View.
Posted by marybeth at January 28, 2004 10:07 PM Box of Rocks