Girl Is Awarded $2 Million for Mauling : Verdict: Jurors agree county was negligent in not warning public about mountain lion threat.

Laura Small, who was mauled by a mountain lion five years ago at Ronald W. Caspers Wilderness Park, was awarded more than $2 million Friday by jurors who said the county was to blame for the attack.

“I’m glad it’s over,” said the 10-year-old El Toro girl, who was mobbed by reporters after the unanimous verdict was read.

Flanked by her mother and father in a hallway outside the courtroom, Laura said she did not care about the money and had no plans for the award other than using it “to go to college and (pay for) medical bills.”

But to her parents, the jury verdict was a vindication of their case.

“We had always felt that it was the county’s responsibility to warn us (about mountain lions in the park), and I feel pleased that the jurors agreed with us,” said Sue Mattern-Small, Laura’s mother.

The county’s attorney, Barry Allen, said an appeal of the verdict was likely.

“I’m still in shock by the size of the verdict,” said Allen, as he tried to leave the courtroom quickly through a back exit.

Wylie A. Aitken, the Smalls’ attorney, said he felt an appeal would be a further waste of taxpayers’ money.

“I think the jury spoke out loud and clear on the issue. . . . Laura deserves this. . . . She earned this in the most miserable way you can.”

Jurors deliberated two days before finding that the county was liable for the attack, which occurred on March 23, 1986, in Caspers Wilderness Park east of San Juan Capistrano. Laura had been looking for tadpoles with her mother when the cougar sprang from a bush and grabbed her by the head with its powerful jaws.

A hiker saved Laura’s life by swinging a stick at the large cat until it released her. Laura was left partially paralyzed, blinded in one eye and physically and emotionally scarred. The family sued the county in October, 1986, seeking unspecified damages.

Dan Kent, the jury foreman, said that he and his fellow jurors found it difficult to put the images of Laura’s injuries out their minds.

“There was emotion, there was no question, but we had to table that and deal with the facts.”

After reviewing the testimony and the hundreds of exhibits presented during trial, the jury awarded Laura $2,018,638 in damages and gave $75,000 in damages to her mother for the pain and suffering she went through by witnessing the attack.

Juror Paula Jackson of San Clemente said she was the only member of the jury who thought the mother should have been given more money.

“I think a mother’s worry and concern is something obviously you can’t put a price tag on. But if you have to, I think it’s more than $75,000,” she said.

Throughout the five-week trial, attorneys on both sides acknowledged that Laura suffered tragic injuries, but debated whether it was the county’s fault.

Aitken contended that county officials were negligent because they knew mountain lions in Caspers Park presented a potential danger but failed to take any action except to circulate internal memos and newsletters and make telephone calls.

County officials had denied any wrongdoing. “The county can’t be held responsible for the acts of a wild mountain lion,” defense attorney Allen said repeatedly during the trial,

Aitken, however, maintained that it wasn’t the cougar’s action that was at the heart of the Small family’s lawsuit but rather the county’s failure to respond to the threat.

Over the course of the trial, Aitken called on the testimony of state wildlife biologists, park rangers, doctors, hikers who had visited the park and, most dramatically, from the girl and her family.

The strongest testimony supporting the Smalls’ case came from two of the county’s park rangers. They testified that they were concerned about “unusual” mountain lion sightings just before the attack on Laura.

The sightings even prompted one ranger to call a wildlife biologist with the state Department of Fish and Game to determine what should be done. The state official, the ranger testified, recommended that the public be warned, that mountain lion contact with humans be discouraged and that the mountain lion be captured if possible.

Bruce E. Buchman, who was senior park ranger at the time of the Small mauling, testified that he discussed the possibility of posting warning signs with his supervisor and even scheduled a meeting with state authorities. The attack on Laura, however, occurred before either matter was acted upon.

Aitken, one the county’s most prominent civil attorneys, argued that the county created the danger in Caspers Park by, in effect, luring mountain lions into public “high use” areas with man-made watering troughs that attracted their prey, such as deer.

Allen, however, argued unsuccessfully that county officials acted appropriately, considering what was known about the habits of mountain lions at the time of the attack.

He told the jury that there had never been a mountain lion attack on a person in Southern California in recorded history, and only one in the entire state before Laura was attacked, that by a rabid cougar.

“Nobody thought that a mountain lion would attack a human,” Allen told the jury. He added that the animals were always described as “shy and secretive” with “a healthy aversion to humans.”

Defense witness Paul Beier, a University of California wildlife biologist, said that mountain lions were not considered a threat to humans because attacks “are extremely rare events.” He said the chance of being killed by a dog, black widow spider, rattlesnake or lightning was greater than that of being attacked by a cougar.

Allen also tried to argue that a state law, which says a public entity is not responsible for injuries that occur on undeveloped, unimproved, natural landscapes, such as the trail where Laura was attacked, protected the county from liable.

But the jurors said they felt otherwise, especially because of the earlier mountain lion sightings.

“I believe that something should have been done for the safety of any visitor that came into the park, and nothing was basically being done but phone calls going back and forth,” said juror Pamela Downey of Huntington Beach.

Laura’s parents attended each day of the trial even though they said it was at times “painful.” Mattern-Small, Laura’s mother, occasionally had to leave the courtroom during testimony about her daughter’s ordeal, while Don Small, Laura’s father, would bury his face in his hands.

“It’s just a relief that it’s over,” Mattern-Small said.

After the verdict, County Supervisor Thomas F. Riley said: “Our hearts went out to this young girl.” But, he added, “I didn’t expect (the award) to be this large. . . . You can’t keep emotions out of this type of situation. But these are wilderness parks, and there needs to be some consideration of that.”

The county’s budget director, Ronald S. Rubino, said the award will not affect the county’s general fund budget. If the county ultimately is forced to pay the judgment, the money would come from the Orange County Harbors, Beaches and Parks department, he said.

Times staff writers Mark I. Pinsky and Jim Newton contributed to this report.