If Judge Agrees, Charla Nash, Victim of Travis The Chimpanzee Attack Would Not Be Entitled To Money For Loss Of Enjoyment in Life

The owner of a 200-pound chimp named Travis who went berserk and ripped the face off of the owner's friend has enraged some by trying to avoid a $50 million lawsuit, claiming the crippling attack should be treated instead as a workman's compensation claim.

The owner of Travis, a 10-year-old chimpanzee, is at the center of a $50 million lawsuit by a woman...

The owner of Travis, a 10-year-old chimpanzee, is at the center of a $50 million lawsuit by a woman who was mauled by the 200-pound animal. Travis' owner, however, says the woman's crippling injuries should be subject to workman's compensation instead of a civil court judgment.

(The Stamford Advocate, via AP)

If a judge agrees, it would mean Charla Nash – who was blinded in the attack, has difficulty walking and can only eat through a straw – would not be entitled to receive any money for pain, suffering, humiliation or loss of enjoyment of life, which usually makes up the largest part of any civil award.

Trial lawyers are buzzing about the case. On industry Web sites, like InjuryBoard.com, some are expressing outrage that Nash might not get to sue for a large civil claim. Michael Phelan, a Virginia-based attorney, writes, "This frivolous legal maneuver benefits the defendant chimpanzee owner's insurance company."

The legal strategy may have some merit, said Joseph Little, a professor emeritus at the University of Florida Levin School of Law and a specialist in workers' compensation issues. He said the argument might prevail if lawyers can prove that there was a regular employment relationship between Nash and Travis' owner Sandra Herold, and taking care of the chimp was part of those duties.

Source