Local News

SAN FRANCISCO (CBS 5 / KCBS / AP / BCN) ― Two brothers who were attacked by an escaped tiger at the San Francisco Zoo have filed claims against the city of San Francisco alleging negligence and defamation, the city disclosed Friday.
 
Meanwhile, police said Friday that the younger brother of the pair faces legal charges for an unrelated shoplifting incident.

Attorneys Mark Geragos and Shepard Kopp, who are representing Kulbir and Paul Dhaliwal, submitted legal papers on Thursday to the city controller's office seeking unspecified monetary compensation for "serious physical and emotional injuries."

The claims are a prerequisite to filing a possible civil lawsuit. A copy of the filing was provided to CBS 5 on Friday by the city attorney's office.
 
"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 "responsibility to the public to prevent injury by dangerous animals," defamed the brothers by spreading falsehoods about their possible role in provoking the attack and improperly impounded Kulbir Dhaliwal's car.

Geragos did not immediately return messages seeking comment.

The pair were injured on Christmas Day, Dec. 25, after a 250-pound Siberian tiger named Tatiana scaled the walls of its enclosure, attacked and seriously injured Paul, 19, and Kulbir, 23, and killed their friend, 17-year-old Carlos Sousa Jr.  The animal eventually was shot dead by police.

The walls of the outdoor grotto 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. Paul Dhaliwal suffered bites and cuts that required stitches to his head and left scars, according to the papers.

Kulbir also claims that his car, a 2002 BMW M3, was "held unreasonably" and that he was "wrongfully deprived of its use."

Both brothers further allege that they were victims of a "smear campaign" 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."

Sam Singer, whose public relations firm was hired by the zoo, said Friday that the claims' allegations "are patently false."

"There was no concerted campaign" against the Dhaliwal brothers, Singer said. "All the zoo and anyone else did was provide public information that was fair and accurate to the best of our knowledge."

San Francisco police spent more than a month investigating the maulings while weighing whether to seek criminal charges against the Dhaliwals. During that time, they took custody of Kulbir's car and both brothers' cell phones.

The lead investigator said the tiger "may have been taunted/agitated by its eventual victims," but the department suspended its investigation Jan. 29 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."

While the Dhaliwals have hired Geragos to represent them, Sousa's family has hired East Bay attorney Michael Cardoza.

Meantime, police said Paul Daliwhal was arrested Thursday night for allegedly trying to shoplift two Nintendo Wii controllers from a Target store in San Leandro. 

He was stopped by store security after he walked past the registers with the controllers concealed in his clothes. He was booked for petty theft and released early Friday morning after posting $1,500 bail.

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