The Onalaska Farm Sanctuary (OFS) on Tuesday announced it had “amicably” resolved a lawsuit over a cat that disappeared last November.
The complaint, filed on behalf of Tammy Sturza in Lewis County Superior Court, had alleged that Jessica York, who runs OFS, lost Sturza’s cat after York delivered him to Humane Society of Skagit Valley (HSSV) to be neutered and vaccinated.
Both parties on Wednesday agreed to a dismissal with prejudice, “without an award of fees or costs to any party,” according to the signed stipulation.
The agreement effectively closes the April complaint.
Sturza was represented by Adam P. Karp and Holly Y. Crawford of Animal Law Offices, PLLC. York was represented by Heather J. Van Meter and Sophia C. von Bergen.
The complaint had claimed, among other items, that York was liable for negligence — both before and after Tomcat’s disappearance. Sturza sought judgement for a variety of damages, including economic, actual, consequential and treble.
“We are grateful for the opportunity to put this matter behind us — and to correct the record,” OFS said in its Tuesday announcement posted to Facebook.
The nonprofit said it wanted to “own” things it said about Sturza and Tomcat that were not true.
“Tomcat was not a ‘stray’ when he was lost,” OFS said. “He was not a cat who lived outdoors, without a litterbox, or one who took weeks to warm up to his family. He was not feral, and he did not come from OFS. Tomcat was a cherished member of the Sturza household, deeply loved, and very much missed. We regret any implications to the contrary.”
OFS apologized for implying Sturza had been unwilling to pay to have Tomcat microchipped.
“Ms. Sturza shared with OFS that she had been researching the procedure and was concerned about published literature indicating a risk of fibrosarcoma at microchip implantation sites,” OFS said. “She was making a thoughtful decision for her pet — not a careless one.”
OFS confirmed the lawsuit did not put the rescue out of business, but said it had been “genuinely frightened about its financial survival.”
OFS had previously said its insurance would not cover the lawsuit.
“If OFS goes out of business over this lawsuit, I want you guys to know that we really did try to do our best while we were here,” the rescue said May 9 on Facebook. “Accidents happen. Tons of people touched that cat carrier that day, including the staff and employees at the vet clinic.”
Van Meter and Von Bergen filed a notice of appearance in court on May 12, just days after a GoFundMe launched to help the nonprofit fight the lawsuit.
The online fundraiser raised $21,466, more than doubling its $10,000 goal. The page described the complaint as a $10,000 lawsuit.
“It would be a travesty for our community to lose a rescue that has not only saved so many cats, but has done so much to stop the overpopulation of unwanted animals through their spay and neuter awareness and clinics,” the page said.
OFS on Tuesday said its claim that the lawsuit would eliminate 1,000 sterilization procedures was “not accurate.”
“With respect to the specific program at issue, owners typically pay for their own animals’ procedures, and OFS does not perform spays or neuters itself,” OFS said. “The suggestion that each procedure cost $10 was false as well.”
OFS concluded by retracting statements that Sturza had been “hostile” and had “harassed” OFS and its volunteers.
“We care deeply about the animals and people in our community, and we recognize that we fell short of that commitment in how we spoke about Ms. Sturza and Tomcat. We're glad this has been resolved, and we wish the Sturza family well,” the rescue said.
According to the April complaint, Sturza invested “considerable time and effort” to find Tomcat, and said York initially “withheld critical information,” including that she “stopped with the load of nearly 30 cats at two or more locations on the way back from Burlington to Onalaska.”
During a stop in Federal Way, York “left the van doors wide open for several minutes,” the complaint alleged.
York later blocked Sturza from OFS’s Facebook page. Sturza, meanwhile, “worked with search-and-rescue professionals” to find Tomcat, according to the complaint.
OFS denied the bulk of the allegations in a June 8 answer to the complaint.
“Defendants cannot confirm whether Tomcat was placed on the OFS transport vehicle at HSSV and escaped thereafter, cannot confirm whether Tomcat was ever placed on the OFS transport vehicle at HSSV, cannot confirm whether Tomcat arrived at OFS and then escaped, or what exactly happened to Tomcat,” the answer said.
OFS posted to Facebook Wednesday confirming the lawsuit was over. The nonprofit described being at “peace with it.”
“As a rescuer, my focus is, solely, on the community and the animals,” OFS said. “I want to go back to work. Thanks for your support and thanks for being here!”
OFS has operated since 2020.
To learn more about the rescue, visit https://linktr.ee/OnalaskaFarmSanctuary.
