MAHONING COUNTY Couple, bird owner reach settlement

The Youngstown woman required two surgeries after the fall, her lawyer says.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A city woman who fell and was hurt when a parrot swooped near her has settled and dismissed her lawsuit against the bird's owner.
The suit, filed in October 2001 in Mahoning County Common Pleas Court, sought more than $1.5 million in damages on behalf of Lenore K. Nagle and her husband, James Nagle, of Pine Tree Lane.
The Nagles' attorney, John A. McNally III, said an out-of-court settlement was reached and the case was dropped. He would not discuss terms of the settlement, saying only that it was acceptable to the parties.
Court records did not give specifics of the settlement.
The bird's owner, Douglas B. Taylor of New Middletown, could not be reached to comment. He was being sued for more than $500,000. Taylor's insurance company, USAA Insurance of San Antonio, Texas, was being sued for more than $1 million.
About the lawsuit
The suit said Mrs. Nagle was hurt when the bird attacked her and she fell forward onto pavement, hitting her head. McNally said she required two surgeries to recover from her injuries, which included a fractured skull.
"She's still recovering," he said.
Taylor, who is an attorney, told The Vindicator in October 2001 that he'd owned the bird, a green conure named Kiko, for about two years. Every morning before leaving for work, Taylor put the bird outside. The bird would stay out all day and fly home in the evening.
Taylor said Kiko regularly flew across the street to visit a man who worked outside operating an auto body shop, often spending most of the day there.
On the day in question, Kiko was perched on a telephone line above the business when Mrs. Nagle pulled up, apparently to ask for directions. When she got out of her car to speak to someone at the body shop, the bird left its perch and flew down toward her.
Mrs. Nagle apparently was startled and began flailing her arms to fend off Kiko, lost her balance and fell. Taylor said he believes the bird simply intended to sit on the woman's shoulder, not to attack her.
Taylor said Kiko flew away about nine months before the lawsuit was filed and never returned.
bjackson@vindy.com