In 2011 Plaintiffs received a judgment against the United States in the amount of $1,950,000. Following the ruling, the United States filed an appeal with the 10th Circuit Court of Appeals. The United States filed a motion to dismiss its appeal this week. This means Plaintiffs will be paid the judgment of $1,950,000.00. Although Plaintiffs are happy with the result of the trial and subsequent dismissal of the appeal, they hope that the effect of their lawsuit won’t end with payment. Plaintiffs hope their injury lawsuit will make visitors to our national forests safer.
Plaintiffs’ son was killed by a black bear in the Uintah National Forest. The Forest Service had knowledge of an attack, by the same bear, in almost the exact location of the attack on Plaintiffs’ son, which occurred approximately 18 hours prior to Plaintiffs’ son’s death. In fact, the Division of Wildlife Resources was also aware of the attack and classified the bear as a “threat to humans.” Nevertheless, the Forest Service took no action to attempt to warn Plaintiffs of the attack or dangerous bear. Plaintiffs hope this lawsuit will bring to light the fact that visitors to our forests are entitled to know about “dangerous” bears that have shown no fear of humans (most black bears are afraid of humans). Even if the Forest Service won’t immediately create a policy to provide such warnings, Plaintiffs hope this lawsuit will help the public provide their input to rule makers about the need for these warnings.
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