Jan 26, 2007 9:40 pm US/Pacific
West Covina Ordered To Pay Chimp's Parents $32K
WEST COVINA, Calif. (CBS) ―
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Moe the chimp has lived with St. James and La Donna Davis in West Covina since 1960, but was removed in 1999.
CBS
The city of West Covina will have to pay $32,000 in costs and interests to a couple for breaking an agreement to provide housing for their 39-year-old pet chimp, Moe.
The lawsuit stemmed from the removal of Moe from St. James and LaDonna Davis' home by West Covina police in September 1999 after he bit a woman. The chimpanzee had lived at the home since 1960. Criminal charges were filed against St. James Davis, but were later dropped.
The couple sued the city in 2000 and both sides settled the case in May 2002. The agreement called for the city to obtain property in an industrial part of Baldwin Park at a monthly rental cost of $1 to the Davises. The city also agreed to pay the couple $100,000 for removing Moe from their home.
The Davises found a property about two miles from their home. However, the city of Baldwin Park objected to having Moe in their city and he was eventually taken to an animal facility in Kern County, where the Davises were attacked by two other chimpanzees in March 2005 as they celebrated Moe's 39th birthday. Moe didn't take part in the attack.
St. James Davis were severely mauled, underwent more than a dozen surgeries and spent weeks in a medically-induced coma.
Pomona Superior Court Judge Abraham A. Khan ruled that both sides - the city and St. James and LaDonna Davis - appeared to break their agreement. The city did not find a place to house Moe as promised and waited more than three years before paying the $100,000, according to a later agreement. The Davises, on the other hand, did not abide by a promise to take down signs advocating the return of Moe to their home.
Khan also stated that because the Davises waited nearly four years to try and enforce the settlement agreement, he could have denied them any award money.
But he ordered the city to pay the Davises more than $22,000 in interest on the $100,000 the city waited more than three years to pay.
About $10,000 was awarded the Davises for travel expenses incurred in visiting Moe at three animal compounds in Sylmar, Kern County and Rolling Hills.
The city also was ordered to pay the couple $300 a month beginning in February for the balance of Moe's life. The couple can ask for increases in the amount if housing costs for the chimp rise.
Khan issued his seven-page decision Tuesday after holding a hearing Jan. 11 and then taking the case under submission.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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