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State to blame for chimp attack?

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    Victim sues Connecticut for $150 million

  • Duration 5:05
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I was -- is back in session on the docket today who is to blame for -- chimpanzees Rampage in Connecticut remember this case.

Charlie Nash had to have a full face transplant.

After she was mauled by the 200 pound chimp named Travis.

Now she wants to sue the state of Connecticut for 150 million dollars.

Claiming -- then mayor and current governor Dan Malloy knew about this -- violent nature.

Nash was friends with the -- owner.

And she was trying to help that owner get the -- back behind his -- bars when he got out of control.

Here -- some of the owners dramatic 911 call as your friend Charlie Nash -- -- -- I want I want the -- don't tell -- what I'm -- up his return very well.

But it's -- yeah.

Thank you don't believe I've -- that one didn't we heard -- -- from -- and got the big men can't.

From anybody and didn't get I didn't -- I.

Barbara just looking very solid and -- mean what else going on your article is the -- -- you don't like your apartment is there -- don't matter if it don't matter.

They don't matter -- we want ignored what I.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- You bet we'll -- the book how.

So should the state.

Be on the hook for the damages that were done to that victim.

Joining me now Kimberly Guilfoyle Fox News legal analyst and co host of the five right here -- -- and C and archive collection a former prosecutor now defense.

-- so it's just horrified rights are here.

And there are two defendants there's the -- owner who is now deceased.

But her -- is being sued.

And now Charlie Nash the victim in all of this is also trying to add the state of Connecticut.

Kimberly how can she get there because normally the state has sovereign immunity yes and in fact that they do in this particular instance unless they agreed that a lawsuit can be brought forth so she has to appeal to the claims commission which she has -- to say.

Please allow me to bring this lawsuit because this is -- just and equitable -- and she can -- in fact.

Proximate cause -- she was damage that they had a duty to protect.

That there was a failure with respect -- you.

Duty to protect -- how how cancels all generalities what's her argument in this case warranted and if that they knew in fact that this -- -- substantial risk there's a history of previous attacks yourself was -- -- in 2009.

There was that attack where they -- obvious in 2003.

So they were aware of the fact that this was a large substantial animal 200 pound male chimpanzee and in fact there's memos internal memos.

I'm saying that they knew about the you know the existence of this chance.

And then in fact they did not act they left the kitchen and then as -- mentioned there's been an allegation well did the governor know the Eleanor what the allowing her to keep this dangerous animal.

On the -- -- which obviously posed a serious danger great bodily.

Brad injury or dad but at what happened -- this on the market that that heat -- -- -- the immunity I mean you're gonna have to show that there -- the state.

Did something above and beyond just just.

You know sit there.

-- -- was -- in somebody's house and she seems to be claiming that that the mayor who's now the governor.

Was on notice about this -- that that that that the owner of the chimp had a discussion with the mayor from him is he allowed her to take Travis home he allowed her to keep him in the home.

He knew that it was dangerous and he knew about a prior incident involving kitchen getting loose what is that enough.

Now and I don't think that she's gonna have an easy time proving its case at all first of all it was an unlawful to own a chimp back then.

Now what is in twenty states make it unlawful to have a primate as a -- Back then what an unlawful in fact it wasn't an unlawful to -- the register because she owned Travis this chimpanzee in 1995.

So they didn't have to register the champ.

What they knew about what does this chimp got loose in 2003.

The fact that -- allegedly bits -- people's fingers that was not known to the state there's no evidence of that.

So she is the best person to know how dangerous is -- says as much as I feel for her.

When you walk -- -- hole when there's a chimpanzee surprise surprise that native habitat of a chimpanzee is not Stamford Connecticut.

It's Africa and I think there's a certain assumption of risk here at -- thing Kimberly is that she knew this owner and she knew this champ.

Yeah but at a certain point I -- say okay I am gonna get into -- my -- to physically take Travis and remove him from the premise is now that's why there are regulations.

To protect the public from instances such as -- and outside I don't think it's gonna be that difficult of a hurdle for her to overcome given the facts and circumstances of this case.

And if the claims commission does denied her request to bring a lawsuit against the state and appeal as a general assembly -- break.

What did this state know that shield the -- it wasn't unlawful no -- -- -- the owner of the champ Greg Chappell who read that the best friend's story.

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