Family of Chimpanzee Attack Victim Seeks 50M

The family of Charla Nash, who last month was mauled by a 200-pound chimpanzee in Stamford, has filed preliminary legal papers seeking to secure $50 million in assets.

Nash's twin brother, Michael Nash, who is also conservator of his sister's estate, filed the legal papers against the chimp's owner, Sandra Herold, Monday at Superior Court in Stamford.

"Charla Nash has suffered and will continue to suffer agony and pain beyond our comprehension," said Nash's attorney, Charles Willinger, of the Bridgeport firm Willinger, Willinger & Bucci. "This is a tragedy that should not have happened, and we intend to hold those at fault fully responsible."

The papers seek an accounting of Herold's assets and a court order that would prevent her from selling or mortgaging them, including six pieces of property she owns and her stake in the Stamford used car dealership, Desire Me Motors, Inc.

A hearing to discuss the value of Herold's assets is scheduled for April 13.

The complaint names only Herold as a defendant, but Willinger said Tuesday the potential exists to bring action against additional parties. He would not comment further on who those defendants could be.

Herold's attorney, Joseph Gerardi, could not comment because the lawsuit is still pending, but said a suit against his client was highly expected.

Nash, 55, lost her hands, nose, lips and eyelids in the Feb. 16 attack. She may be blind and brain damaged, and hospital officials said it is still unclear whether she can recover at all. Nash is being treated at the Cleveland Clinic and was still heavily sedated and in critical condition Tuesday.

Herold had asked Nash to come to her home to help lure her chimp, named Travis, back into her house. When Nash arrived, an already agitated Travis went berserk, attacking the woman until police fatally shot the animal.

The complaint charges Herold with strict liability and names three instances when Travis exerted violent and erratic behavior: In 1996 when he bit a woman on her hand and tried to drag her into a car; in 1998 the chimp bit a man on his thumb; and in 2003 Travis escaped from Herold's car and roamed the streets of downtown Stamford until he was captured by police.

The complaint also charges Herold with negligence and recklessness, saying Herold knowingly kept the animal even though
it had exhibited violent propensities.

April Truitt, who runs the Primate Rescue Center in Kentucky, has said she warned Herold of the dangers of keeping Travis in her home, particularly after the animal reached maturity, when a chimp's behavior becomes even more unpredictable.

"The gist of the lawsuit is that the wild animal was allowed to be in possession of a person that, frankly, should not have possessed it, particularly in the condition it was allowed to be kept," said Willinger.

The complaint says Herold treated the chimp "in a quasi-familial manner, allowing the wild animal to ride in cars, drink wine from a stemmed glass, dress and bathe itself and even use a computer."

Animal experts have said these human-like behaviors could have contributed to the chimp's identity confusion.

As a young primate, Travis starred in TV commercials for Old Navy and Coca-Cola, made an appearance on the "Maury Povich Show" and took part in a television pilot.

Bill Monaco, a New York-based attorney assisting with the suit, thanked the public for their outpouring of support on behalf of Charla Nash, whom he said has no health insurance and is faced with astronomical medical costs, as well as other costs associated with the attack.

Scott Orstad, spokesman for the Stamford Hospital, where the victim was initially treated, confirmed Nash has no health insurance and said the hospital tried to help lessen the burden on her family by waiving its medical fees."

Contributions may be made through the trust at (866) 228-5970 or by e-mail at donations@nashtrust.com.

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