County Loses Last Attempt to Dismiss Mountain Lion Suit

A Superior Court judge on Wednesday rejected the county’s final attempt to dismiss a multimillion-dollar lawsuit by the family of an El Toro girl mauled by a mountain lion in Caspers Wilderness Park.

The decision means that the family of 7-year-old Laura Small--who was badly scarred and partially paralyzed in the attack nearly 3 years ago--can now proceed to trial or settlement.

“We’re obviously elated about this,” said Wylie A. Aitken, the Santa Ana attorney who represents the plaintiffs. “It’s just a marvelous thing to happen for Laura, because all we’ve ever been asking for is a hearing on the merits of our case.”

Wednesday’s decision by Judge William F. Rylaarsdam affirmed an advisory ruling issued by a court commissioner last November. The county had appealed the commissioner’s finding.

Laura was attacked by a mountain lion near a picnic area at the park on March 23, 1986. She suffered severe head injuries and partial paralysis in her right side. Now, 13 surgeries later, she has regained enough mobility to take part in ballet classes and playground activities.

The second-grader is sightless in her right eye.

The Smalls contend that although county officials knew about the danger of mountain lions at the park near San Juan Capistrano, the county’s brochures and park signs lulled the public into thinking that the area was safe.

Also, the family alleges that county employees increased the probability of an attack by setting up eating areas that “lured” the animals into contact with people and by planting vegetation that concealed the lion that attacked Laura.

Barry Allen, the defense attorney hired by the county for the lawsuit, argued unsuccessfully before Wednesday that county officials have “very, very broad immunity” under a decades-old statute that protects governmental bodies from liability in accidents in natural settings or on unimproved public property.

Although Allen had pressed that argument successfully in some court hearings over the past several years, Rylaarsdam on Wednesday affirmed a November decision that the county had lost its claim to statutory immunity by making improvements to the park that may have contributed to Laura’s injuries.

Allen and the Smalls could not be reached for comment.

Susan Mattern-Small, Laura’s mother, said in an interview Tuesday that she and her husband, Donald, an optical engineer, are hoping to collect damages from the county in order to cover Laura’s future medical expenses. Aitken, their attorney, said they are seeking $2 million to $3 million.

Medical expenses total more than $300,000 so far, Mattern-Small said, with most of that amount covered by insurance and a fund set up by donors after the attack.