Niabi Zoo is being sued

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By Dustin Lemmon | Monday, January 8, 2007 11:41 PM CST | () comments

A Niabi Zoo intern who claims he was gored by a female bison last year has filed a lawsuit against the zoo and Rock Island County.

Andrew Bergthold claims he was working with zoo director Tom Stalf and another man on Jan. 5, 2006, when the incident occurred as they were trying to move two bison into a trailer cage. Efforts to reach Stalf for comment Monday were unsuccessful.

Bergthold, who had volunteered at the zoo since July 2005 on a part-time basis, suffered a wound to his left thigh that was about 12 centimeters or about 4.75 inches, wide, the suit states, adding there was “significant gapping, bruising and ischemia (deficient blood supply) on the edge of the flap.”

The suit was filed by Davenport attorney Grant G. Gordon in Rock Island County Circuit Court against the zoo, the county, the Rock Island County Board, Rock Island County Forest Preserve and Niabi Zoological Society.

The suit claims the defendants were negligent in failing to use a skidster to control the bison, failing to give reasonable instructions, failing to train and supervise the plaintiff and failing to act as a reasonable person and exercise reasonable care.

According to Bergthold, the day of the incident, Stalf had instructed him and a third man not to use a skidster — a machine similar to a forklift and bulldozer — to force two bison into a trailer cage for feeding. The third worker was communicating with Bergthold by cell phone and told him to shut the cage door once the bison were inside, the suit alleges.

After fruit lures were set, the bison moved toward the trailer. The third worker thought the animals were already inside and instructed Bergthold to close the door, the suit states, but one bison was still not in the cage and chased Bergthold, who tripped and was then picked up by the animal and thrown a short distance.

Bergthold was “lucky to get away” while the third worker yelled and diverted the bison’s attention, the suit adds.

The suit does not seek a specific amount in damages but asks for compensation for Bergthold’s medical expenses, lost wages, disability and pain and suffering.

A representative from the Rock Island County State’s Attorney’s office said Monday that they had not seen a copy of the suit and declined comment.

Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com.