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Brothers Injured In Tiger Attack Sue San Francisco

UPDATED: 1:20 pm PDT March 28, 2008

Two brothers who were attacked by an escaped tiger at the San Francisco Zoo have filed claims against the city alleging negligence and defamation.

Mark Geragos, who is representing Kulbir and Amritpal "Paul" Dhaliwal, submitted papers seeking monetary compensation for "serious physical and emotional injuries" on Wednesday. The claims are a prerequisite to filing a lawsuit.

"The Dhaliwal brothers' attorneys have made clear from the beginning that they intended to sue the city, and these claims are a procedural first step in that process," said Matt Dorsey, a spokesman for City Attorney Dennis Herrera.

The documents allege the city failed in its duty to provide a safe zoo environment, defamed the brothers by spreading falsehoods about their possible role in provoking the attack and improperly impounded Kulbir Dhaliwal's car.

The claims do not specify a dollar amount for the damages.

Geragos did not immediately return a call seeking comment.

The pair were injured on Christmas Day after a 250-pound Siberian tiger scaled the walls of its enclosure, attacked them and killed their friend, 17-year-old Carlos Sousa Jr. The animal eventually was shot dead by police.

The walls of the outdoor enclosure later were found to be lower than the height recommended by an accrediting agency for the nation's zoos.

The claims state that Kulbir Dhaliwal suffered deep cuts and bite wounds on his body, underwent surgery to repair the damage to his knees and has scars from his injuries. They also allege that he was defamed by a public relations consultant that the San Francisco Zoological Society hired after the incident and made the target of "intentional and negligent infliction of emotional distress."

San Francisco police spent more than a month investigating the maulings while weighing whether to seek criminal charges against the Dhaliwals. The lead investigator said in January the tiger "may have been taunted/agitated by its eventual victims," but the department suspended its investigation without recommending any charges.

The city has 45 days to respond to the claims with either a formal denial or a settlement offer, according to Dorsey. If a formal denial of the alleged is made, the brothers would have six months to file a lawsuit, he said.

Dorsey said it was too soon to say which route the city would choose, but that settlements usually are offered in simple cases such as minor accidents involving government vehicles and "more complex issues typically proceed to litigation."

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