The Utah Daily Herald has reported that the family of a young boy, mauled to death in 2007 by a bear, will receive a combined $1.9 million from the U.S. Forest Service and the federal government.
On May 3, Judge Dale Kimball determined that the federal government was largely responsible for the death of S.I., 11 at the time of his death, and made the million-dollar award to his parents, K.F. and R.I., for damages.
The Judge divided the responsibility as follows: Sixty-five percent from the federal government, 25 percent from the state government and the remaining 10% on the boy’s family.
There is a separate lawsuit pending against the state government that was not weighed in this case.
S.I.’s parents lodged the suit against both the federal government and the U.S. Forest Service after a black bear dragged their son from his tent, and mauled him until he died.
The family had been on a Father’s Day vacation in the American Fork Canyon at the time of the attack.
They contend that government personnel should have warned them that there was a dangerous bear seen prowling the Canyon.
After the boy’s death, the bear was tracked down and killed.
During a weeklong bench trial, lawyers for the government argued that there were posted warning signs about the bear. They also stated that S.I. had food in his tent.
R.I. testified that she as unaware of S.I. having a granola bar, or a Coke Zero, near him or his tent as the prosecutors had contended.
The Judge found United States Forest Service law enforcement officer, C.G., negligent for her failure to follow regulations and personally inform the family about the potential threat.
On the day that S.I. died, C.G. had earlier been notified of another camper that had been attacked – that same morning.
Judge Kimball said that part of the responsibility for S.I.’s death fell squarely on C.G. and her failure to respond to the matter properly. Kimball wrote, “Plaintiffs have proved by a preponderance of the evidence that Defendant’s breaches were a cause of (S.I.’s) death and the Plaintiffs’ damages.”
C.G. has since retired from the Forest Service.
Kimball, in laying responsibility primarily with the government, wrote that a fair award – based on similar cases – would have been $3 million.
In finding the government was 65 percent responsible however, the ruling only allowed for a 65 percent award of $3 million – which equaled a $1,950,000 settlement.
The family had sought $2 million in their lawsuit.
Allen Young, the attorney for the family said, “We’re elated with the decision...They’re both very, very pleased with the judge and his ruling.”
The government, per Young, has the option to appeal but he hopes that they choose not to do so.
The unexpected loss of a loved one is difficult to recover from. If you feel that this has been also a case of wrongful death, monetary compensation may be awarded that can help you with your pain and suffering. Contact a wrongful death lawyer today!