Herold's attorneys claim that because Herold's home was also her place of business and because Nash, in addition to her office duties, took care of and fed Travis, the injuries she sustained in trying to lure the chimp back into his cage occurred as a part of her regular employment. Nash is listed in the claim as a full-time employee of Desire Me Motors with a salary of $400 a week.
Workman's Comp Could Restrict Financial Award to Travis' Victim
If you substitute the chimp for a dangerous machine, it doesn't seem so unlikely," said Little. "Although the facts here are unusual as is often true in extreme cases…I don't think the claim itself is so unusual. He said the argument might prevail if lawyers can prove that there was a regular employment relationship between Nash and Travis' owner Sandra Herold, and taking care of the chimp was part of those duties. The legal strategy may have some merit, said Joseph Little, a professor emeritus at the University of Florida Levin School of Law and a specialist in workers' compensation issues. Michael Phelan, a Virginia-based attorney, writes, "This frivolous legal maneuver benefits the defendant chimpanzee owner's insurance company." On industry Web sites, like, some are expressing outrage that Nash might not get to sue for a large civil claim.
#Travis chimpanzee face trial#
Trial lawyers are buzzing about the case. If a judge agrees, it would mean Charla Nash – who was blinded in the attack, has difficulty walking and can only eat through a straw – would not be entitled to receive any money for pain, suffering, humiliation or loss of enjoyment of life, which usually makes up the largest part of any civil award. 15, 2009— - The owner of a 200-pound chimp named Travis who went berserk and ripped the face off of the owner's friend has enraged some by trying to avoid a $50 million lawsuit, claiming the crippling attack should be treated instead as a workman's compensation claim.
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