Government: Suit over child's death in bear attack should be tossed

The U.S. government has asked a judge to dismiss a lawsuit filed by a the family of a Pleasant Grove boy who was killed by a bear last year.

The family of Sam Ives, 11, said signs and warnings about bear attacks in American Fork Canyon would have saved the child's life.

In court Wednesday, a U.S. attorney said the government was not required to close campgrounds or warn campers after a black bear attack was reported in the area a day before Ives was killed.

"The only way to ensure absolute safety in the national forest is to close it," Assistant U.S. Attorney Amy Oliver said in asking a judge to toss the lawsuit.

Ives and his family went camping near Timpooneke campground June 17, 2007. About 11 p.m., a bear slashed Ives' tent and mauled the boy to death.

Earlier that day, a bear entered the same campsite and attacked a camper before retreating into the woods. The incident was reported to authorities, but the campsite remained open.

"The Forest Service had an obligation at an isolated campground ... to warn or close that area," said Allen Young, an attorney representing the boy's family.

Outside the courthouse, the boy's mother choked back tears as she talked with reporters.

"We just really want to make sure this can never happen to another family again," Rebecca Ives said of the $2 million lawsuit.

Attorneys for the government said the case is filled with "sad facts," but maintained that the government cannot be held liable for Ives' death.

"Nobody is denying the tragic nature of the events," said Steve Sorenson, chief of the U.S. Attorney for Utah's civil division. "This is just a legal matter."

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