Family sues Utah DWR over boy's bear mauling death

ABC 4 ^ | March 28, 2008

[george76]

The parents of the 11-year-old boy killed by a black bear last summer in American Fork Canyon are suing the U.S. Forest Service and Utah Division of Wildlife Resources. They say more should have been done to prevent their son's death.

Step-father Tim Mulvey, his wife Rebecca Ives and Sam’s father say they have lived with the horror of that father's day weekend every day since and now they want to make sure it never happens to anyone else's family.

It is grief beyond comprehension for most of us; a child ripped away from his family in the middle of the night---by a black bear. “He was no more than 12 inches away from me,” said an emotional Rebecca Ives.

It happened as Mulvey and his wife slept in their tent next to their two sons. “We started to feel some shaking in the tent but we didn't hear a sound,” recalled Mulvey. He said they were still groggy when they noticed Sam was missing. They went outside and saw the tear in their tent. Shortly after that, they say they heard a scream.

It was the second aggressive act by the same bear that had terrorized another couple just hours before-- in the same camping area.

Now Sam's parents are suing, claiming the Forest Service failed to close the campground after the first attack and DWR failed to warn anyone the bear was still at large.

[Wpin]

God Bless that family

[OeOeO]

Yes God Bless them. It is an indescribable tragedy to lose a child. But people in this country need to learn that wildlife is not a Disney cartoon.

[Mind-numbed Robot]

If something bad happens it is someone’s fault. There is always a greedy lawyer looking for a sympathetic jury. The lawyer gets rich, the parents get a little, our society is poorer.

[george76]

Allen Young, the family’s attorney, said, “This very bear had been in that very campground that very morning and had been determined by the state and federal government to be a nuisance bear.”

The family insists they knew the dangers of bears in the wild. But they believe that the fact the bear was causing trouble and nothing was done to warn the public warrants the lawsuits seeking millions in damages.

“If there wasn’t an attack the night before, we wouldn’t be here arguing it. I mean, we know bears exist,” said Kevan Francis, Sam’s father.

Ives’ mother, Rebecca, said, “Why wasn’t that done? We would have known something was up if there was just some yellow tape, a piece of plastic, and I would still have my son.”

http://www.ksl.com/?nid=148&sid=2955918

[Eska]

Indians downriver from us at Ft Yukon (Don Young) shot a polar bear otherday; with AR-15 to boot, ha. 250 miles south of where they usually are. Nobody ever remembers one this far south. It got it all,,,, dead bear picts, evil guns, and GLOBAL WARMING say it aint so. check it out:

http://newsminer.com/news/2008/mar/28/polar-bear-killed-fort-yukon/

[Mad_Tom_Rackham]

Last time I hiked in a wilderness area, I took “precautions”.

[irishtenor]

Where was their gun?

[george76]

Thanks.

I saw that story and those bloody pictures.

Too scary for us in the lower 48 ?

8-)

[george76]

Thanks.

I saw that story and those bloody pictures.

Too scary for us in the lower 48 ?

8-)

[Godwin1]

This is very sad. I feel for the family. But there are dangerous wild animals in wilderness areas. Why this need to sue?

[Godwin1]

This is very sad. I feel for the family. But there are dangerous wild animals in wilderness areas. Why this need to sue?

[george76]

sorry for the double

[Inyo-Mono]

Yes God Bless them. It is an indescribable tragedy to lose a child. But people in this country need to learn that wildlife is not a Disney cartoon.

Here in the hinterlands, we have the hardest time explaining to city folks visiting that the wildlife can be dangerous. Too many Discovery Channel shows with the hosts interacting with wild animals.

[Old Seadog]

Last time I hiked in a wilderness area, I took “precautions”.

Like what? You wore a condom? Yuk, yuk, Just kidding.

[Hildy]

wouldn’t it make sense that if a bear was harrassing people in that very area that day, that they would put up some kind of warning? I mean if there is a shark attack, they close the whole beach...right?

[OeOeO]

Here in a suburban area of Chicago, I came across a cayote ambling along a bicycle path, after scaring it off,I came across a woman walking her dog and and pushing an infant in a stroller, I warned her about the a cayote and her response to me?

"COOL!"

[tet68]

They say that to protect yourself from bears you should sew little bells to your clothes and carry packets of cayanne pepper in your pockets.

How to tell if you are in bear country?
The bear poop will smell like pepper and have little bells in it.

[VeniVidiVici]

If something bad happens it is someone’s fault

I'd sue 'em just for not letting me carry a loaded gun, if this happened to me.

[FormerACLUmember]

Sorry for the loss, but this is a pure jackpot justice scam. Stay out of the wilderness if you want to avoid bears.

[FormerACLUmember]

Bears are cute and cuddly, right? Hollywood sez so. (This dude was, in fact, eaten by a bear)

[oldenuff2no]

OK, here we go again. I'm very sorry that a boy was killed. I feel for the family and I understand their tremendous pain.
Now for the other side of the coin. They are blaming others for their own ignorance, unpreparedness, and total lack of preparation. Hang your food in a tree or put it in your vehicle good idea. Go beyond the help of 9-11 without the ability and the mindset to protect yourself and your family pure stupidity. The proof of this truth is that a child died needlessly.
If he could not or would not take care of the safety of his family then he didn't belong there. There are wild black bears that are scarred of people and bolt at the first contact and there are garbage bears that aren't scared of people at all. In fact garbage bears like being around people and our camps because it is an easy source of food.
I'm a packer, horse and mule type of packer and have spent many years in the back country with both types of bears. A wild bear will never give me a problem. A garbage bear that comes into my camp will very quickly end up dead. I have every right to kill any animal that is a direct threat to my livestock. Most of the time the garbage bears avoid my camps. I do not hang my food and I'm miles from my truck. I have dogs and they travel with me. When I'm out with a pack string and the dogs I have a boat load of ears and noses telling me what is around but the final responsibility of safety is mine. The dogs and mules will raise cane when any predator gets close. I eat sleep and go to the bathroom with a high powered handgun in my possession. Over the years I've killed a few bears and a few lions with that revolver. I also keep a 12 gage riot gun with slugs handy and have used it a time or two as well. I always sleep with small bells tied onto my high lines an hanging on fishing line that is stretched around my camp at night. When those bells go off and ring steadily I'm up armed and out of my tent instantly. In over thirty years of packing all summer and fall I've never had any person at any time come to my rescue. If it happens it is mine to deal with every single time. My family has been out with me more times than I can remember. I've had clients out who have never been off the pavement before much less 20 miles from the nearest dirt road. The safety of those I take out there is totally and completely my responsibility. Here is the part you aren't going to like. This man did not prepare to defend his family from a known threat. Any moron has to know that there are bears in the mountains where you can camp! This man did not fulfill his responsibility of the safety of his family. Remember there is no 9-11 where the bears live. There was no one but him to make sure that his children and wife stayed safe. There is life and there is death The distance between the two isn't that far. He didn't get the job done. He should have done two things. He should have been armed and competent enough with the firearm to use it effectively. He should have had a dog with him to sound the alarm. The family dog would have done fine and if he didn't have one of his own he should have borrowed one. Here is the one that is really going to make people angry. If you are not able to take care of you and yours stay in the city and under the protection of 9-11. Stay home and unroll your sleeping bag on your living room floor and watch the animals on the Disney channel. I learned these things from my father who taught me to pack and survive far from civilization. I taught my wife these realities before we were married. I am still teaching my 12 year old son these skills. When you chose to go out into wild places you are on their terms. You become part of their world. Civilized thought patterns and all the crap you have learned on TV doesn't matter. Lions, bear, and poisonous snakes are always potential lethal problems. Disney won't tell you that but common since should. OK, I'll get off my soapbox.

[beaversmom]

Samuel Ives

[Hacksaw]

God Bless that family

Yes, they should be commended for trying to loot the taxpayers for the actions of a wild animal. And God bless that wonderful lawyer while we are at it. I wish America had more of them. Maybe if I am ever struck by lighting I can sue the weather service for failing to prevent me from going outside during a thrunderstorm.

[Fred]

Bear Spray...It works, should be mandatory in these areas

[Sandreckoner]

A piece of yellow tape and they’d have packed up and abandoned their camping trip? On questioning they’d have been told by the park service that they’ve never seen a bear return to a site that way? That they’d pursued it for hours and couldn’t locate it? That they’d never had a death from that kind of bear?

They were there for Father’s Day and the children were looking forward to camping. I’d bet a bit of money that right now we’d be reading about the parents who lost a son after ignoring warnings of a bear in the area.

From what I’m reading in other stories and people commenting who have been in the area, the family may have also been outside the designated camping area, and that there are warnings signs for bears all over the area already.

[familyop]

"Bear Spray...It works, should be mandatory in these areas"

Yeah, it works great inside the tent or house of people being attacked. Bear that get too close to people need to be shot.

[gondramB]

>>claiming the Forest Service failed to close the campground after the first attack and DWR failed to warn anyone the bear was still at large.<<

They should make a movie... except with a shark.

[upcountryhorseman]

This is why you need to carry a weapon in National Parks!

[OBXWanderer]

Here is the part you aren't going to like.

To the contrary, very well said. It is coming up on snake season in my neck of the woods. Thanks for the reminder.

[Jo Nuvark]

I’m extremely sorry for these people, however,
because the bear “tore through the pillow”, my
gut tells me the kid had a candybar stashed under
his head. If ALL food was stored in their car (as
the family states), the bear would have been trying
to break into the car.

As a child, we camped in Yellowstone nearly every
summer. At that time, the forestry department had
a three strikes law about “nuisance” bears.

This is a VERY sad but not uncommon story.

[Jo Nuvark]

Exchange the word “bear” for “Islamic Terrorist”.
The story would then be about how the predator
was provoked and its rights violated. The journalist
would neglect to mention the predator’s ethnic name
and all blame would go to the campers.

[Malacoda]

Indeed.

I used to live up in the Poconos, in upstate PA. No matter how much we tried, we could not get the weekenders and summer renters to understand that feeding the black bears was not cool. People lost pets, bears ate garbage...it was awful.

"But the bears are so hungry....and so cute!" Pfaugh.

[Mamzelle]

re: Yes God Bless them. It is an indescribable tragedy to lose a child. But people in this country need to learn that wildlife is not a Disney cartoon.)))

Yep. We need fewer girls in the park service if they can't work it up to shoot a dangerous animal.

[Inyo-Mono]

wouldn’t it make sense that if a bear was harrassing people in that very area that day, that they would put up some kind of warning? I mean if there is a shark attack, they close the whole beach...right?

I know you mean well, but how do you close 40,000 square miles of wilderness with campgrounds scattered here and there all about like in the area I live in?

Bears, mountain lions, etc. are a fact of life in the wilds, you can close a beach, and as long as people stay out of the water, they are ok. But in a huge wilderness setting, there is no shoreline, no retreat from predators.

[GladesGuru]

‘If something bad happens it is someone’s fault. There is always a greedy lawyer looking for a sympathetic jury. The lawyer gets rich, the parents get a little, our society is poorer.”

Not always, and this case, if successful, will make possible holding beueaucrats responsible for teh consequences of their acts of comission or omission.

The bureaucrats (’crats) should have shot the bear after the first agressive interaction.

The ‘crats also disarmed the families because of their anti-gun attitude and rules.

Can you say “infringe a Constitutional guarantee?”

;-0

[GladesGuru]

“Stay out of the wilderness if you want to avoid bears.”

That argument fails on the reality that “the bear, like hair, is everywhere”. Apologies to the creators of the musical “Hair”.

Long Island has bear, and even Libtard enviro-whackos would not call Long Island “wilderness”.

Predators like living around people because that’s where the food is.

[GladesGuru]

Post #31 included:
“As a child, we camped in Yellowstone nearly every
summer. At that time, the forestry department had
a three strikes law about “nuisance” bears.”

Exactly! That is two “strikes” too many. When a mere animal becomes a threat to human health or survival, kill it then.

GG

[pepsionice]

I’ve noticed this about folks today...they all want to “trek to the wilderness” but the truth is that they just want an enclosed camp area with electrical access...toilets...a grocery within three miles...and telephone access. Someone ought to buy up some 300 acre wooded area...put security fencing around the whole thing and put in all of the luxery items you’d want...then advertise it as the “wild for more demanding” folks.

I have an understanding of the family’s situation but I doubt they can win this case. And a strong legal team on the gov’t side....can tear apart their case easily.

[Jo Nuvark]

I believe Yellowstone took the nuisance bear hundreds
of miles from the site. They captured the bear using a huge
round, metal bear trap about the size and shape of a VW bus.
At that time Grizzly were all over the park. Can you imagine?
If the bear returned a third time, they would reluctantly kill it.
Very sad for the bear, but good for the people. The safety
of humans was always their primary concern.

Times have changed. Now we murder our own babies in the
womb, while we risk our lives to protect harp seals, spotted
owl and even trees. Times have changed.

[george76]

Bear Kills 93 Year-Old New Mexico Woman

The 100-pound elderly woman didn’t have a chance against a 275-pound bear in the kitchen of her home...

A 93-year-old New Mexico woman was mauled to death by a black bear that broke into her home over the weekend, stunned wildlife officials have confirmed.

Adelia Maestas Trujillo of Cleveland, in north-central New Mexico, was killed “by multiple bite injuries,” said Scott Wilson, associate director of the Office of Medical Investigator.…

http://www.maineguides.org/referendum/bear_attacks02.shtml

[george76]

Bear Mauls and Kills Infant in New York State
Associated Press
August 19, 2002

A bear killed an infant Monday afternoon as it tried to drag the girl into the woods, officials said. The baby, Ester Schwimmer of Brooklyn, was snatched out of her stroller by the bear at the bungalow colony, police said. Fallsburg is about 70 miles northwest of New York City.

Isaac Abraham, a community leader from Williamsburg in Brooklyn, said witnesses told him the 5-month-old girl was pronounced dead at a nearby hospital upon arrival.

The baby was in a stroller in front of the porch with members of her family, said Mike Fraser, a state Department of Environmental Conservation spokesman. The bear grabbed the stroller and the child, Fraser said. The child was knocked out of the stroller and the bear tried to drag her into the woods,

[SeaHawkFan]

If something bad happens it is someone’s fault. There is always a greedy lawyer looking for a sympathetic jury. The lawyer gets rich, the parents get a little, our society is poorer.

The following paragraph explains why the the Utah DWR is liable:

"Now Sam's parents are suing, claiming the Forest Service failed to close the campground after the first attack and DWR failed to warn anyone the bear was still at large."

It's a pretty slam-dunk case.

[mad_as_he$$]

I find the response interesting. Even in Kalifornia they will immediately track down a problem animal and deal with it. Bears on the Nevada side of Tahoe get zero tolerance if they try to attack a human. Ones that break into houses get two chances (depending on the specifics) and then are disposed of.

[RightWhale]

Up in Fort Yukon they killed a polar bear yesterday. Ten shots from an AR-15, from the hip since the bear was charging and was already within 30 feet.

[Jo Nuvark]

My Father is 93 and I’m sure he would still give that
bear an even fight. Me? I’d rather die from “natural”
causes (even death by bear attack), than cancer.

Very sad for that woman’s family. What an odd thing.

[george76]

Many city people think that bears, lions, wolves...are just large, furry dogs or cats to play with.

These predator can and do break into homes ( not just tents ), stalk humans for the sole purpose to eat them...

It is not just a mother bear protecting her babies.

[LucyT]

The baby was in a stroller in front of the porch with members of her family ... The bear grabbed the stroller and the child

I'm having difficulty visualizing this scenerio. When bears are in front of my porch I stay inside.

[Calpernia]

http://www.freerepublic.com/focus/f-news/1993473/posts?page=5#5

[george76]

They are New York city people who may think that bears are just friendly dogs ?

They likely do not have a method ( gun ) nor the concept of self defense ?