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Nash's family is suing the estate of the chimp's owner, Sandra Herold, for $50 million and wants to sue the state for $150 million, saying state officials failed to prevent the attack. Herold, who had a tow truck business, died last year of an aneurysm. The lawsuit against Herold's estate is scheduled for a trial in December, but both sides hinted that a settlement was possible. Willinger, Nash's attorney, estimated the estate has $4 million to $5 million in assets. Attorneys for Nash's family in 2009 filed a claim with the state Office of Claims Commissioner asking for permission to sue the state. A Department of Environmental Protection biologist warned state officials before the attack that the chimp, which was large and strong, could seriously hurt someone if it felt threatened.
The office of then-Attorney General Richard Blumenthal, who has since been elected to the U.S. Senate, wrote a letter last June recommending the claims commissioner deny permission to sue the state. Under the law, the DEP's authority to remove the chimp was unclear, the letter said. "This tragedy led to heartbreaking and enduring pain and injury, and to renewed efforts to strengthen appropriate laws," the letter stated, adding that taxpayers should not have to pay for injuries they did not cause. Without its consent, the state cannot be held liable in a legal action for any damage or injury it may cause. Nash's attorneys said the recommended denial was no surprise. They said if the commission denies their claim after a hearing planned later this year, they would appeal to the legislature. "If there was ever a case that cries out for justice and equity, this is the one," Willinger said. The chimp was shot and killed by police, and tests showed it had the anti-anxiety drug Xanax in its system. The chimp also had escaped from its owner's car in 2003 and led police on a chase for hours in downtown Stamford, but no one was injured. The chimp was "always a problem," said Orr, the Nash family spokesman. "Everybody pointed it out," Orr said. "This was truly an accident waiting to happen and everybody knew it."
[Associated
Press;
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