Tuesday, 01 July 2008
Feds seek dismissalof bear lawsuit Print E-mail
DAILY HERALD   

The United States government is asking the U.S. District Court to dismiss a lawsuit filed by the family of a 12-year-old boy who was killed by a bear in American Fork Canyon.

In a motion to dismiss that was filed Monday, the U.S. Attorney's Office argued that under a discretionary function of the Federal Tort Claims Act, the federal government is protected from lawsuits arising from the second-guessing of policy decisions.

The family of Samuel Ives is asking for at least $2.1 million for his death. Ives was killed in July 2007 by a black bear while he and his family were camping about a mile above the Timpooneke Campground in American Fork Canyon. The bear ripped open his tent while he slept and dragged him away from the campsite.

Ives's family filed suit against state and federal wildlife officials in March. They contend that officials should have notified campers of a bear sighting the previous day, and that the campsite should have been closed.

"We are asking the judge to recognize that because the Forest Service's decisions relating to warnings and the management of developed campgrounds are discretionary and involve balancing a variety of public policy considerations, they are protected by the discretionary function exception and the plaintiffs' claims should be dismissed," the U.S. Attorney's Office wrote.

Article views: 589  
User Rating: / 1
PoorBest 
Discuss (1 posts)
iceman Jul 01 2008 15:15:44
This thread discusses the Content article: Feds seek dismissalof bear lawsuit

A tragic story, but should the US Taxpayers pay this family for the loss that occurred IN THE WILD?!
Bears, Mountain Lions, Rattlesnakes...the list goes on, are native species here...we are NOT. Animals are unpredictable and this case is one of them. The family chose to camp outside of their house and should have a reasonable expectation of encounters with wild animals when they go into animal habitat.
#377227


Discuss this article on the forums. (1 posts)
Generated in 0.13275 Seconds