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Hunter's widow files appeal
The Associated Press ^ | March 06, 2006 | The Associated Press

Posted on 03/06/2006 4:07:08 PM PST by george76

Suit says state at fault in grizzly mauling...

The widow of a hunter mauled by a grizzly bear while he was gutting an elk has filed an appeal with the Montana Supreme Court after a district judge here dismissed her lawsuit against the state.

Mary Ann Hilston contends negligent management practices led to the death of her husband...in the fall of 2001.

She filed a lawsuit in federal court in September 2004, claiming the U.S. Fish and Wildlife Service and the Montana Department of Fish, Wildlife and Parks knew there was an aggressive grizzly bear with two cubs prowling the Clearwater Wildlife Management Area northeast of Missoula at the time of her husband's death.

A judge dismissed FWS as a defendant, and determined federal court wasn't the proper venue for a suit against FWP.

Hilston then filed a wrongful death suit against FWP in state District Court.

She argued that the agency knew an aggressive bear had taken over a hunter's elk carcass in the management area just days before her husband's attack.

In addition, the suit claims that FWP's practice of planting livestock carcasses in the area to draw bears away from surrounding ranch lands created an increased risk of conflict between bears and humans.

The FWP failed to warn hunters of the risk,...

Hilston's attorneys filed an appeal to the state Supreme Court on Tuesday.

Robert Vermillion, one of Hilston's attorneys, said the case revolves around the Montana Recreational Use Immunity Act.

(Excerpt) Read more at billingsgazette.net ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: aggressive; aggressivebear; aggressivegrizzly; bang; banglist; bear; elk; fish; fwp; greatfalls; grizzly; grizzlybear; hilston; hunting; management; maryannhilston; negligent; negligentmanagement; practices; recreational; scotus; us; useimmunityact; usfish; wildlife; wildlifeservice
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1 posted on 03/06/2006 4:07:17 PM PST by george76
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To: george76

Reality bites.


2 posted on 03/06/2006 4:08:11 PM PST by xcamel (Press to Test, Release to Detonate)
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To: xcamel

Dog say....never hunt an animal that can hunt you.


3 posted on 03/06/2006 4:11:53 PM PST by Dog
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To: george76

There was a reason why my grandfathers generation hunted these things to local extinction. Arrogant lefties today think they know better.


4 posted on 03/06/2006 4:15:16 PM PST by narby (Evolution is the new "third rail" in American politics)
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To: george76

To me, it sounds like grounds for the Darwin Award. What the heck was he doing gutting an elk in grizzly country?


5 posted on 03/06/2006 4:18:40 PM PST by Brilliant
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To: george76
I am by no means a hunting expert, and the little I know about deer and elk hunting would not fill a page...
That said, what little I do know is based on southern and southwestern hunts, and there are very few bears here.
If one is hunting in an area with a known bear population, does that change how, when or where you would field dress the carcass?
6 posted on 03/06/2006 4:26:29 PM PST by sarasmom (I don't care who John Galt is, I just need his email address.)
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To: sarasmom
If one is hunting in an area with a known bear population

Then one should not hunt alone.

7 posted on 03/06/2006 4:29:22 PM PST by thackney (life is fragile, handle with prayer)
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To: george76

Buddy System is the best protection. I'm a fisher...and I'm never alone for the sport. Sorry about the tragedy, but that's the risk of hunting of any type.


8 posted on 03/06/2006 4:38:55 PM PST by airforceF4
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To: Brilliant

One guts the elk where it is shot. It is way to heavy to carry for a horse, so it has to be cut up for several horses.

Maybe he was preparing to hoist the meat up so bears or wolves could not get it.

That said, no one should hunt alone in Montana...

Sorry for the family where Dad was trying to put some food on the table.


9 posted on 03/06/2006 4:58:53 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Brilliant
What the heck was he doing gutting an elk in grizzly country?

After this question you should change your user name.LOL

10 posted on 03/06/2006 4:58:56 PM PST by org.whodat
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To: thackney

i was wondering about that. it seems that if you were kneeling over an animal carcass in bear territory, you'd need another person to stand guard.
(however, i'm not a hunter, so i'm just guessing here.)


11 posted on 03/06/2006 5:07:07 PM PST by drhogan
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To: drhogan

Up here, hunting alone is just not a smart thing to do.


12 posted on 03/06/2006 5:08:44 PM PST by thackney (life is fragile, handle with prayer)
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To: george76
The nice goober from the gooberment agency can do no wrong. Repeat ten times.

Frank Craighead, Sr. warned NPS that closing the garbage dump at Yellowstone would result in hungry bears killing and eating people. By the way, he started the field of grizzly bear research.

ParcMan ignored Craighead, closed the dump, and that season two young women were killed and eaten. And bears had never before eaten a human in Yellowstone. Killed, yes; but not eaten. Until ParcMan ignored the leading grizzly research scientist, that is.

Note - No ParcPerson was killed. So the NPS policy of
Agenda Uber Alles! is intact.

If an individual owns an animal, and that animal causes property damage or injury or loss of life, that individual is responsible for the behavior of that individual's animal.

Yet the goobers in the gooberment claim to own the grizzly bears and also claim not to be responsible for their behavior.

Sounds like bureaucratic baffle-gab enforced by a Communism Lite court to me.
13 posted on 03/06/2006 5:15:37 PM PST by GladesGuru (In a society predicated upon Liberty, it is essential to examine principle)
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To: thackney

i sure wouldn't think so.
i'm a long islander, where we don't have such fierce critters, but i sure wouldn't do ANYTHING alone in places where grizzlies live.
and it seems like the smell of an amimal carcass would be exactly the sort of thing to attract a grizzly. and i would guess that the position you would be in when you gut a carcass would be a pretty vulnerable position.
whenever i have been in places where a lot of bears live, i have been warned about carrying anything that might attract the bears.
the long island equivalent would be to throw a bunch of bloody fish guts in the water, then jump in and expect sharks to ignore you.


14 posted on 03/06/2006 5:17:23 PM PST by drhogan
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To: george76

I'm sure the grizzely will be glad to hear her appeal.


15 posted on 03/06/2006 5:18:26 PM PST by Cheapskate (America , -- -- -- -- Yeah!)
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To: george76

Well, maybe he needed to find a different place to hunt. That was asking for it.


16 posted on 03/06/2006 5:25:41 PM PST by Brilliant
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To: org.whodat

Let me put it this way.... I'm alive, he's dead. That makes me more brilliant than he.


17 posted on 03/06/2006 5:26:43 PM PST by Brilliant
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To: Cheapskate

iT IS WRONG NOT TO HOLD GOVERNMENT EMPLOYEES LIABLE FOR THIER ACTIONS OR INACTIONS ;THE KING CAN DO NO WRONG SHOULD LONG AGO HAVE BEEN REJECTED.


18 posted on 03/06/2006 5:27:18 PM PST by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: george76

"Hunting in Grizzly Contry

Never hunt alone in areas where grizzlies live.

One hunter should keep watch while a second guts a downed animal"



i found this on-line


19 posted on 03/06/2006 5:34:40 PM PST by drhogan
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To: narby
There was a reason why my grandfathers generation hunted these things to local extinction.

Arrogant lefties today think they know better.

I read an article that at least one western state said they had a surplus and wanted to open a hunting season for grizzlies.

If that does not fly, I would suggest trapping and releasing grizzlies in red states.

The arrogant lefties should have the true nature experience of having a grizzly in their back yard.

20 posted on 03/06/2006 5:37:27 PM PST by TYVets (God so loved the world he didn't send a committee)
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To: george76

"Hilston was aware that grizzly bears inhabited the Blackfoot-Clearwater Wildlife Management Area, located about thirty-eight miles northeast of Missoula, and he took a calculated risk on October 30, 2001, when he decided to go alone to the area to hunt elk."



from an article on-line


21 posted on 03/06/2006 5:44:45 PM PST by drhogan
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To: george76

The wife sounds like she listened to Timothy Tredwell, too much. Just WHERE did she think her husband was hunting? Has she seen a map?


22 posted on 03/06/2006 5:45:46 PM PST by Pan_Yans Wife ("Death is better, a milder fate than tyranny. "--Aeschylus)
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To: Brilliant

"Let me put it this way.... I'm alive, he's dead. That makes me more brilliant than he."

Well, the logic of that can not be disputed. Personally, as a hunter, I never go alone, and certainly would not gut an animal in bear country without a trusted fellow watching the AR back.

Worst possible situational thinking always pays dividends.


23 posted on 03/06/2006 5:48:45 PM PST by alarm rider (Irritating leftists as often as is humanly possible....)
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To: Brilliant

Still makes you far short of brilliant, you dress an elk where you kill it, do you have the least bit of an ideal how much an elk weighs? When way off the beaten path, the hunter normally carries out the hind quarters the first trip. But you really shouldn't hunt alone in brown bear country.


24 posted on 03/06/2006 6:31:53 PM PST by org.whodat
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To: org.whodat

"But you really shouldn't hunt alone in brown bear country."


You just proved my point. It was a bone-headed move. You don't have to be brilliant to see that.


25 posted on 03/06/2006 7:04:44 PM PST by Brilliant
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To: Brilliant

Honest question, no intent to insult but do you hunt ?

What this guy was doing is done thousands of times during elk and deer season....... always safer to hunt in pairs and in dangerous game (grizzly) country one hunter ALWAYS watches while the other hunter dresses out the game harvested.

Any grizzly with cubs is defensive of her cubs which is interpreted as aggressive by most. Of late the sound of a gunshot is a pavlov's doggie dinner bell to hungry critters somewhat. Not proven but suspected.


26 posted on 03/06/2006 8:06:45 PM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. )
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To: GladesGuru



What is worse in national parks firearms are banned. Bad idea.


27 posted on 03/06/2006 10:44:17 PM PST by therut
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To: TYVets
If that does not fly, I would suggest trapping and releasing grizzlies in red states.

May I suggest Golden Gate Park? Good cover. Lots of forage. Plenty of animal huggers to protect them.

Griffin Park would be a good second choice.

Maybe a few in Yosemite & Kings Canyon, or Mount Diablo.

Since California even has one on its state flag, it just seems fitting.

In fact, a pair of them loose in the halls of the state capitol building during a legislative session has been a dream of mine for decades.

28 posted on 03/06/2006 11:13:44 PM PST by ApplegateRanch (Islam: a Satanically Transmitted Disease, spread by unprotected intimate contact with the Koranus.)
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To: george76
Not one penny for the lady. Not one red cent.

-ccm

29 posted on 03/07/2006 1:12:34 AM PST by ccmay (Too much Law; not enough Order)
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To: Pan_Yans Wife

 

"Say, I've found a perfect spot to catch us a bear."

"How can you be sure?"

"I saw a sign that said Fine for Hunting."


30 posted on 03/07/2006 6:57:09 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: sarasmom
If one is hunting in an area with a known bear population, does that change how, when or where you would field dress the carcass?

a: since there's no way in heck you're gonna carry it out by yourself, you should have at least one friend with you.
b: never let your gun get out of reach.
31 posted on 03/07/2006 7:16:22 AM PST by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: sarasmom
It certainly should change things.

I read an article that said one way to get rich in this country is to have a dead relative.

32 posted on 03/07/2006 7:21:21 AM PST by Jane Austen
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To: george76

I have had it with frivolous lawsuits and threats of lawsuits whether it is by the ACLU or morons with dollar signs in their eyes.


33 posted on 03/07/2006 7:22:47 AM PST by Jane Austen
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To: Squantos
always safer to hunt in pairs and in dangerous game (grizzly) country one hunter ALWAYS watches while the other hunter dresses out the game harvested.

Large, bloody carcass & known bear country.... recipe for diligence.

Add in a bit of conditioning for the "dinner bell" gunshot, a hungry Sow griz with cubs, and dressing your kill could get dicey.

34 posted on 03/07/2006 7:32:29 AM PST by xsrdx (Diligentia, Vis, Celeritas)
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To: thackney

One should always take another bear with them.


35 posted on 03/07/2006 8:34:22 AM PST by conservative blonde (Conservative Blonde)
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To: Jane Austen

Especially if the dead relative smoked, got served hot coffee, or drives an SUV.


36 posted on 03/07/2006 8:36:16 AM PST by conservative blonde (Conservative Blonde)
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To: Brilliant

That kind of mentality would in essence outlaw hunting in North Idaho and Montana, some of the best elk hunting around!

Ed


37 posted on 03/07/2006 9:01:26 AM PST by Sir_Ed
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To: drhogan

I lived in Kodiak Brown bear country in Alaska and grizzly country in Montana and North Idaho and I usually went hiking alone...knowing the risks.

It was just hard to come up with a hiking partner all the time, and I preferred to hike alone.

Ed


38 posted on 03/07/2006 9:04:17 AM PST by Sir_Ed
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To: Sir_Ed
I usually went hiking alone...knowing the risks. It was just hard to come up with a hiking partner all the time, and I preferred to hike alone.

I can understand, but "knowing the risks" assumes responsibility and the state (this is OUR money folks) doesn't owe someone money for a mishap in dangerous country.

If this bear wouldn't have gotten him, a number of other life-threatening mishaps might have, risks he ran by going alone. Hell, he could have died easily from twisting his ankle or throwing his back out trying to pack the thing out. I don't ride alone in the wild country here, and we don't even have grizzlies...

39 posted on 03/07/2006 9:16:10 AM PST by HairOfTheDog (Hobbit Hole knives for soldiers! www.freeper.the-hobbit-hole.net)
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To: All

All that said... I have real concerns and qualms if they're baiting bears.


40 posted on 03/07/2006 9:20:04 AM PST by HairOfTheDog (Hobbit Hole knives for soldiers! www.freeper.the-hobbit-hole.net)
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To: narby
There was a reason why my grandfathers generation hunted these things to local extinction.

You're right, they had reasons... not ~good~ reasons, but reasons nonetheless ;~D

41 posted on 03/07/2006 9:29:18 AM PST by HairOfTheDog (Hobbit Hole knives for soldiers! www.freeper.the-hobbit-hole.net)
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To: HairOfTheDog

The government admits to baiting bears.

Individuals have also been baiting bears.


42 posted on 03/07/2006 10:01:05 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Well, baiting bears is sometimes the best way to hunt them... but baiting bears to merely 'satisfy' them into not killing livestock is extortion... not gonna be a good idea in the long haul.


43 posted on 03/07/2006 10:04:22 AM PST by HairOfTheDog (Hobbit Hole knives for soldiers! www.freeper.the-hobbit-hole.net)
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To: george76

All part of the circle of life.

Seems like he died of natural causes to me.


44 posted on 03/07/2006 10:20:59 AM PST by pnome
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To: HairOfTheDog
You're right, they had reasons... not ~good~ reasons, but reasons nonetheless

Getting rid of predators that will come into your tent and eat you was a pretty good reason. And in a day when cowboys and miners and such lived in the wilderness for extended periods, getting rid of something that could kill you practically without warning was a good thing.

I'd prefer it if they weren't out there today. I don't like taking my life in my hands just to enjoy a hike in the woods. We can save the Griz genome in zoos.

45 posted on 03/07/2006 10:38:22 AM PST by narby (Evolution is the new "third rail" in American politics)
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To: narby

I think Grizzlies have a place, and so do hunters. "I don't like taking my life in my hands just to enjoy a hike in the woods." is scaredypants wildlife management.

If you want to walk in the woods without bears, go to Central Park. If you want to walk in the woods where bears are, bring a big gun. Life isn't about eliminating all conflict with the natural world, but rather mastering it.


46 posted on 03/07/2006 10:43:22 AM PST by HairOfTheDog (Hobbit Hole knives for soldiers! www.freeper.the-hobbit-hole.net)
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To: HairOfTheDog
Life isn't about eliminating all conflict with the natural world, but rather mastering it.

The grizzly danger was gone from a great deal of the country, and there was no good excuse to bring it back merely to massage the feelings of people living on 5th avenue.

Grizzlys have their place, in the zoo.

47 posted on 03/07/2006 10:47:02 AM PST by narby (Evolution is the new "third rail" in American politics)
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To: narby

There's lots of other room for Grizzlies than just the zoo. I'll concede only that where they conflict with the dwellings of man, they should be hunted. But a grizzly-free back-country just so we can go play in the woods doesn't pass the test.


48 posted on 03/07/2006 10:55:19 AM PST by HairOfTheDog (Hobbit Hole knives for soldiers! www.freeper.the-hobbit-hole.net)
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To: HairOfTheDog
But a grizzly-free back-country just so we can go play in the woods doesn't pass the test.

And spending tax money bringing grizzlys back to areas where they were eliminated is certain to get people killed merely to make some feel good. It's yet another example of the government endangering our citizens for no positive good.

49 posted on 03/07/2006 11:02:14 AM PST by narby (Evolution is the new "third rail" in American politics)
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To: george76

I thought all momma bears with cubs are overly aggressive.

I guess the motto is never bring an elk carcas to a grizzly bear fight, of course picking up your rifle and shooting grizzly may help if you do...


50 posted on 03/07/2006 11:06:13 AM PST by WV Mountain Mama (I don't need to visualize whirled peas. I'm a mom, I've SEEN them.)
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