It’s Time to Settle the Cougar Attack Case : The Cost of Appeals, Possible Bigger Judgment Could Cost County Even More Money

The Orange County Board of Supervisors was wise to reverse course and begin talks aimed at settling a long-running legal case that could cost the county more than $2 million.

Seven years ago, a mountain lion mauled 5-year-old Laura Small in Ronald W. Caspers Wilderness Park in south Orange County. The case slowly wound through the court system, and in 1991 a jury ruled unanimously that the county, which owns and runs the park, was negligent. The jurors awarded the girl over $2 million in damages, plus $75,000 for her mother, who witnessed the attack. The supervisors appealed the awards.

A panel of the 4th District Court of Appeal in Santa Ana listened to arguments in the case last month, and left little doubt as to which way they were leaning. All the judges urged the county to try to work out a deal with the Small family.

This is an age of big awards in lawsuits, even in conservative jurisdictions like Orange County. The county is strapped for money, and the supervisors worried about setting a precedent, but the cost of appeal and the risk of an even bigger judgment somewhere down the line argue for settling the case now. A settlement could wind up costing the county less than the $2 million.

After all, two rangers testified at the trial that they were concerned about sightings of mountain lions in the park and had called a wildlife biologist to determine what should be done. A senior park ranger recounted discussion of the possibility of posting warning signs at the park.

After the Small attack, the park was put off limits to those under 18. Signs also sprouted, warning people very clearly of the dangers.

It’s unfortunate that youngsters cannot enter, but it’s clear that the county was right to take the steps it did. The county is also wise to discuss settling with the Small family, which has suffered enough and deserves to have an end to the case.