On Jan. 31, 2010, plaintiff Ian Smith, 30, was with his 8-year-old autistic daughter, plaintiff McKinzie Smith, and a friend at the California Living Museum, a zoo and botanical garden run by the Kern County Superintendent of Schools. While they were walking along a pathway through the facility, a 22-pound male raccoon ran toward them and bit McKinzie’s leg. Smith separated the raccoon from his daughter, handed McKinzie to his friend, and told them to flee. The raccoon then proceeded to attack Smith. Approximately one month before the attack, the raccoon was donated to the California Living Museum by a family that had raised the raccoon after finding it as an infant with severe head trauma. The raccoon was then quarantined for biting a zookeeper before being released from quarantine several days before the attack. However, on the morning of Jan. 31, 2010, staff members noticed the raccoon had escaped from its cage and they searched for it for 30 to 60 minutes. Because the raccoon was not located during that time, the staff assumed the raccoon had left the property and then went back to their normal work routine. As a result, the escaped raccoon bit McKinzie’s leg before attacking Smith. After approximately five minutes, Smith was able to subdue the raccoon until staff members of the zoo arrived with a cage and a net. No staff member witnessed the attack. The facility paid Smith’s medical bills for the first year after the attack, but Smith claimed nerve damage and Kern County Superintendent of Schools refused to pay for any treatment that occurred after the first year. As a result, Smith and McKinzie sued Kern County Superintendent of Schools and the California Living Museum. Smith and McKinzie claimed the attack was unprovoked. Thus, their counsel contended that the escaped raccoon constituted a dangerous condition on public property. Counsel further contended that the defendants’ staff had notice of the escaped raccoon for a sufficient amount of time, but failed to timely remedy the dangerous condition. Defense counsel contended that there was no way to predict the raccoon’s escape and that staff members believed that the raccoon had left the grounds completely. Counsel also contended that there was no way to know that the raccoon would return to the facility and that its presence did not constitute a dangerous condition., The raccoon bit Smith’s hands, biting through the flesh and bone of his left, middle finger. It also clawed and bit Smith’s legs. As a result of the attack, the raccoon was euthanized and tested for rabies. However, Smith claimed he underwent treatment for rabies prior to receiving the results of the rabies test on the raccoon, which was ultimately confirmed to be negative. In total, Smith received approximately 20 rabies shots around the gashes and puncture wounds. He also underwent surgery to repair his left, middle finger. Smith claimed he suffered an infection, acute renal failure and was diagnosed with chronic regional pain syndrome as a result of the raccoon bites. He subsequently had to take antibiotics, pain medication, nerve block medication, and had stellate ganglion nerve block injections. Smith acknowledged that the facility paid $75,969.11 for his medical bills during the first year of treatment, but that it refused to pay for anything thereafter, even though he continues to receive medical care for the he sustained in the raccoon attack, including, but not limited to, nerve damage. Thus, he sought recovery of damages for his unpaid past medical costs, future medical costs, and past and future pain and suffering. McKenzie claimed emotional distress as a result of the raccoon attack and had counseling for the traumatic event.