9th Circuit rejects widow’s suit over fatal mountain goat attack in national park
POSTED JUL 29, 2015 01:18 PM CDT
The National Park Service had discretion under the Federal Tort Claims Act to decide how the 370-pound wild animal that was known to be aggressive should be handled, the majority held in its Monday decision (PDF).
A dissenting judge on the appellate panel said the Park Service’s lack of response to the threat posed by the mountain goat, known as Klahhane Billy, was clearly negligent. Circuit Judge Andrew Kleinfeld called the government’s claimed policy of nonlethal response a “rationalization for their inaction” adopted after hiker Robert Boardman was gored in the leg and bled to death.
His widow, Susan Chadd, is the plaintiff in the Western District of Washington case.
“Letting an identified aggressive 370-pound goat threaten park visitors and rangers for years until it killed one amounted to a failure to implement the formally established park policy for managing dangerous animals,” Kleinfeld said in his dissent. “Written park policy provided a series of steps for dealing with animals dangerous to park visitors, from frightening the animal away to removing or killing it.”
The mountain goat was killed after its fatal attack on Boardman.
PD Note:………..Hmm………shall we say, ARs likely would say let the goat live and too bad for the human?? Probably.
ARs don’t care about people, they care about animals. Most ARs believe that humans are simply the worst and that the animals were already there first, in the mountains,etc, so that people have no right to invade the territory by making a park there. Well, if the Goat killed an AR we would not care. Just sayin’……..