ya win some, ya lose some

Ya win some, ya lose some: A tiger at African Lion Safari attacked two people in their car. A judge awarded them almost $3-million in compensation. Sadly, Paca the tiger went hungry.

Stripper, ex-boyfriend get $3M after frightening tiger attack

Ex-young, pretty, large-breasted, not overweight and had long hair dancer wins money for lost income, housekeeping

Big cat first goes hungry, then goes awol

National Ghost
Friday Jan 28 2005

TORONTO - Two victims of a tiger attack at African Lion Safari were awarded $3-million in damages yesterday, including compensation for money one of them could have earned as an exotic dancer if she had not been mauled.

David Balac received $1.7-million and his former girlfriend Jennifer Cowles was awarded more than $800,000 in compensation for injuries sustained during a 1996 trip to the Cambridge-area safari park when a tiger jumped into their car.

"One can only imagine the stark terror experienced by these young people during this horrendous event," Justice Jean MacFarland said in her decision.

As part of the court decision, Ms. Cowles received $2,515 per year for housekeeping assistance as well as nearly $300,000 to replace income she might have made as a stripper.

"Jennifer considered that she had all the necessary physical attributes to do this job -- she was young, pretty, large-breasted, not overweight and had long hair," Judge MacFarland said.

But the tiger attack adversely affected Ms. Cowles' ability to strip. She was forced to to wear a scarf to cover her head wound and a skirt to hide her hip injuries. Her unusual dress prompted her fellow dancers to dub her "the flying nun," she testified.

The Ontario Superior Court judge rejected testimony from park employees who claimed the couple opened their windows to feed the animals and take photos, finding instead the workers likely provoked the attack by introducing new cubs to the compound, thereby agitating its inhabitants.

Mr. Balac, then 23, and Ms. Cowles, who was 22 at the time, had been dating only a few months when they decided to take a day trip to the African Lion Safari on April 19, 1996. According to their account, the windows of Mr. Balac's white Honda were cracked open at the start of their tour, but they closed them completely after an ostrich tried to poke its beak into the vehicle.

They proceeded slowly into the tiger compound, stopping to take a photo of a tiger named Paca. After snapping the picture, Ms. Cowles testified she heard a "bang-like noise."

"The next thing she knew there was a tiger in her lap," Judge MacFarland said.

The tiger reached across Ms. Cowles and grabbed Mr. Balac by the right forearm, lifting him out of his seat and trying to pull him from the vehicle. The young man twisted his arm free through a gap in the tiger's teeth, prompting the cat to turn its attack on Ms. Cowles. It first bit her hip and then grabbed her by the head, attempting to pull her out of the car. Meanwhile, a second tiger nipped Mr. Balac's hand before he managed to restart the car and scare the animals.

How the tigers entered the car has been the source of considerable speculation. While park employees claimed the couple opened the windows themselves, Judge MacFarland concluded the tiger must have nudged the car, causing Mr. Balac's arm "or some part of his body to come into contact with the window switches inadvertently."

While absolving the couple of any responsibility for their injuries, the judge criticized the conduct of African Lion Safari staff. Judge MacFarland speculates that a staff member agitated the tigers by driving through their compound with a tiger cub in her vehicle. Quoting an expert on animal care, the decision states "nothing could be more calculated to excite attention and/or attack in a drive-through facility than having any other animal in one's vehicle."

As a result of the attack, Ms. Cowles suffered injuries to her right hip and scalp, which needed extensive cosmetic surgery. The scars affected her burgeoning career as a exotic dancer. The young woman testified she had begun working as a "freelance" dancer nine months before the attack, earning $60 per seven-hour shift and working six days a week.

Ms. Cowles testified her career goal was to become a "featured dancer," thus earning up to $5,000 a week. Judge MacFarland states in her decision that no evidence was presented suggesting Ms. Cowles had the necessary skills to become a featured dancer.

The judge also noted the lifespan of a stripper, featured or freelance, is short.

"The earning life of an exotic dancer is a limited one. While some may continue to age 35, they are the exceptions. Most continue only to age 30," Judge MacFarland said.

Based on evidence presented at trial, the judge calculates Ms. Cowles could have reasonably earned $55,000 a year as a dancer between 1996 and 2003. The judge speculates the victim would have concluded her career in 2004 regardless of the accident after she met her current fiance.

"It is reasonable in my view to consider that Jennifer would possibly have continued as an exotic dancer until she established a relationship of some permanence with a man," Judge MacFarland said.

After subtracting Ms. Cowles' actual income from her potential income had she not been disfigured, Judge MacFarland awarded the woman $298,528 in lost income. The judge also awarded $250,000 for future lost wages to the victim, who is now employed as a personal support worker, with the goal of becoming a registered nurse. In total, Ms. Cowles received $813,169 in damages and compensation as well as $2,515 a year for housekeeping assistance and a lump sum of $13,081 for future psychological counselling.

"This is going to provide some critical support to her and to her children. The courts and the law of negligence and strict liability have done their work," said Craig Brown, Ms. Cowles' lawyer.

Judge MacFarland said Mr. Balac was left with "a grotesquely scarred and disfigured right forearm." The decision states: "Before the accident David was very athletic, engaged in a number of sports and even taught squash at Sheridan College. All of that is lost to him now."

Unlike Ms. Cowles, who can still work part time, it is unlikely Mr. Balac will ever be able to be employed because of his injuries and continuing post-traumatic stress, Judge MacFarland said. Therefore, the judge awarded him $1.7-million in lost past and future wages and general damages.

"The amount of the award is everything he asked for at trial. It is a significant result for David Balac," said David Haines, the lawyer for Mr. Balac.

Lawyers representing African Lion Safari did not return calls yesterday.

Friends and family members of Paca the tiger say he is still recovering from the ordeal at a wild game resort in Tanzania. Paca could not be reached for comment at press time.

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