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PROVO — The state of Utah has been deemed immune by a 4th District Court judge in the death of a 11-year-old boy who was killed by a bear in 2007.
Judge David Mortensen granted a motion for summary judgment filed by the state of Utah and the Utah Division of Wildlife Resources in the case of Samuel Ives.
"This court … concludes that a bear is a 'natural condition' on the land, and thus even assuming the state has a duty, the state is immunized from suit," Mortensen wrote in a ruling issued Oct. 7.
This court … concludes that a bear is a 'natural condition' on the land, and thus even assuming the state has a duty, the state is immunized from suit.
–Judge David Mortensen's written ruling
Samuel Ives died June 17, 2007, after a black bear ripped him from the tent he was sharing with his family in American Fork Canyon. The bear had terrorized the same campsite earlier that day and had been classified as a Level 3 nuisance, which, per state policy, requires that state officials locate and kill the bear.
After an unsuccessful search for the animal, the campsite was left unattended and empty, without any notice of the earlier attack to warn prospective campers. That night, the bear slashed through Samuel's tent and pulled him out of his sleeping bag. The child's body was later discovered nearly 400 yards away. The bear was located and killed the next day.
Samuel's family sued the state of Utah and the Division of Wildlife Resources for wrongful death, arguing that the state's failure to take action to close the campground and warn the family of the dangers was an act of negligence for which they should be held liable.
The case was dismissed in 4th District Court in 2008, leading to an appeal to the Utah Supreme Court, which ruled that the family had grounds to pursue the lawsuit.
But Mortensen sided with the state and determined that the state's policies are not law — "… there is no statutory duty here," Mortensen wrote — and the state's policy on handling black bears specifically states that nothing within it should be considered a waiver or modification of liability protections afforded by the Utah Governmental Immunity Act.
Mortensen acknowledged that the boy's death was a "tragic incident," but said the bears are "native to Utah and exist in nature" and qualify as a natural condition.
Mortensen's ruling has no bearing on a $1.95 million judgment ordered by U.S. District Court Judge Dale Kimball, who found that the Forest Service — which owns the land where the boy was killed — held 65 percent of the responsibility for the boy's death and had breached its duty to the public.
Kimball, who characterized the case as "heart-wrenching," said the state Division of Wildlife Resources carries 25 percent of the responsibility and the boy's family 10 percent, because a granola bar wrapper and soda can were found in the tent.
Email:emorgan@ksl.com
