State to Be Cited in Lion-Mauling Claim

SACRAMENTO — State wildlife management officials are expected to be named today in a $28-million claim filed by the family of a 5-year-old El Toro girl who was mauled by a mountain lion at a county-owned park, the family’s attorney said Monday.

The County of Orange, which owns the Ronald W. Caspers Wilderness Park where the attack occurred March 23, was named last week in a similar claim for the same amount.

While the county owns the park near San Juan Capistrano, the family’s attorney, Richard J. Staskus of San Jose, said wildlife management is the responsibility of the state.

The new claim is expected to name the state Department of Fish and Game, the state Fish and Game Commission and the cabinet-level state Resources Agency.

Both claims are necessary first steps before the governmental entities can be sued in Superior Court. Generally, such claims are routinely rejected, but under state law governmental entities get 45 days after a claim is filed to consider it.

Staskus said state and local officials may have been negligent in not requiring warning signs regarding mountain lions at the park and in allowing the 12-year-old park to be opened in what is known to be a habitat for mountain lions, also known as cougars.

The 7,500-acre Caspers Park opened in 1974.

Although the park has long had warning signs about rattlesnakes and some other general dangers, no mountain lion warning signs were displayed before the rare attack last March.

“There are specific problems with regard to mountain lions that the state was aware of,” Staskus said.

Susan Small told authorities that she and Laura had been wading in a shallow creek when the lion grabbed her daughter by the head and carried her away.

Don Small said last week that his daughter, who has undergone surgery six times, is showing signs of gradual improvement.

State officials said at the time that they knew of no previous instance in which a mountain lion had attacked a human in California. Still, the attack raised new concerns, and prompted legislation to lift the statewide moratorium on hunting mountain lions that had been in effect since 1972.

In January, Gov. George Deukmejian took action that could have ended the moratorium by vetoing a bill needed to extend it.

However, the state Fish and Game Commission decided in April to delay open season on the big cats until 1987.

Meanwhile, the panel ordered a study of mountain lions’ breeding, eating and living habits.