The Attorney General says Charla Nash, who was mauled by a chimpanzee in 2009, should not be allowed to sue the state and taxpayers should not be held liable for injuries inflicted by a privately owned animal.
Charla Nash wants to sue the state, claiming it failed in its duty to restrict the ownership of dangerous animals as pets and protect residents from harm. Her case is pending with the claims commissioner.
The attorney general's office argued in legal papers on Thursday that Nash's proper remedy is with the chimp owner or other private parties.
"They have to be able to prove that the state's negligence was the sole cause of what happened, and in this case, pretty clearly that's not the situation," Jepsen said.
Jepsen discussed state law on "dangerous animals" at the time of the attack and said the state did not have the authority to remove Travis the chimp from his owner, Sandra Herold.
Herold died in 2010.
Jepsen states in court documents that statue requires that claimants go through the claims commissioner, rather than file a lawsuit, and that the claims commissioner should bar the claim because “no legally cognizable duty of care was owed the claimant by DEP.“
In court documents, Jepsen said the state does not dispute that Nash suffered serious injuries, but the state and taxpayers should not be financially liable for “injuries inflicted by a privately owned chimpanzee” on the theory that state environmental officials should have more aggressively enforced wildlife regulations.
The state says Nash was aware wild animals such as the chimp can be dangerous and told others she was afraid of the chimp.
The Associated Press left a message was left with Nash's attorney.
Nash had a face transplant after the 2009 attack.
