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$2-Million Award in Lion Attack Appealed : Courts: Family of paralyzed girl braces for new battle. County will use many of the same arguments raised at trial.

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TIMES STAFF WRITER

Attorneys representing Orange County have filed an appeal of a $2-million jury verdict awarded to Laura Small, the 10-year-old El Toro girl attacked by a mountain lion at a county park 5 1/2 years ago.

The appeal was filed Tuesday in Orange County Superior Court about a month after the County Board of Supervisors instructed its counsel to challenge the award.

Although the appeal was anticipated, the Small family was “disappointed” with the prospect of further litigation, which could take up to two years, their attorney said Wednesday.

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On Aug. 23, jurors ruled unanimously that the county was liable for the March 23, 1986, attack at Ronald W. Caspers Wilderness Park. Laura, who was 5 years old at the time, was looking for tadpoles in a stream near a nature trail when a cougar sprang from a bush, grabbed her in its jaws and dragged her into the brush.

A passing hiker rescued Laura by swinging a stick at the mountain lion until it released her. Laura was blinded in one eye and partially paralyzed by the attack.

During the trial, defense attorneys argued that the county was not responsible for the actions of a wild animal. They also contended that the county was protected under state law that says a public entity cannot be held liable for injuries occurring on “unimproved public property.”

John Butler, one of the attorneys representing the county, said Wednesday that the appeal will focus on many of the same arguments raised at the trial. He said the judge’s instructions to the jury also will be challenged.

Wylie A. Aitken, the Small family’s attorney, argued successfully during the trial that county officials acted negligently because they were aware of the dangers of mountain lions in the park but failed to do anything except circulate internal memos.

Two county park rangers testified that they had been concerned about “unusual” cougar sightings at the park in which the animals appeared to be acting aggressively. One of the rangers even discussed posting warning signs with a supervisor before the attack on Laura but said that no action was taken.

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