From Deseret News archives:
U.S. seeks to toss $2 million lawsuit in bear-attack death
In papers filed in U.S. District Court in Salt Lake City, the U.S. Attorney's Office for Utah disputes claims by Sam Ives' family that there were no warnings about bear problems in American Fork Canyon.
"Signs warning that Utah is bear country are located throughout the forest," the government said in its motion to dismiss. "One such sign was located on the bulletin board at the Tank Canyon pull-out on the road up American Fork Canyon towards the Timpooneke Campground."
Ives' family filed a $2 million lawsuit against the U.S. Forest Service over the death of the boy, who was mauled by a bear that slashed its way into his tent. The federal government claims the Ives family went camping on June 17, 2007, arriving at the Timpooneke campground, but were unable to pay the $13 fee.
"The plaintiffs then left the Timpooneke campground in search of a primitive campsite above the Timpooneke campground for which there was no fee," the government said.
About 11 p.m., Tim Mulvey called police and said someone cut open their tent and had taken Ives. The boy was found dead a short time later, the victim of a bear attack. The next day, the bear that attacked Ives was found and killed.
The U.S. Attorney's Office for Utah argues that the government is not at fault, claiming that there was adequate warning. Federal lawyers also say the government has immunity in situations like this.
A judge has scheduled a Wednesday hearing on the issue.
E-mail: bwinslow@desnews.com
