Albertson v. Fremont County
2011 U.S. Dist. LEXIS 139645
| D. Idaho | 2011Background
- James Albertson died after a snowmobile collided with a van at Junction 57 crossing Highway 20 in Caribou-Targhee National Forest, Fremont County, Idaho, on February 1, 2009.
- Plaintiffs (Janine Albertson, BNA, and the Estate) sue Fremont County and the United States for negligence and wrongful death related to failure to maintain the trail and signage.
- Cost-Share Agreement, Annual Operating Plan, and Sign Plan governed maintenance/signage duties; EM-7100-15 and MUTCD referenced for sign standards.
- Dispute centers on whether required signs (Stop, Stop Ahead, Intersection Ahead) were present and properly maintained; Stop sign was present but allegedly obscured; Stop Ahead and Intersection Ahead signs were missing.
- United States argued immunity under Idaho’s Recreational Use Statute (RUS); Fremont County contested as not an “owner” under the RUS; motions for summary judgment were briefed and heard.
- Court granted summary judgment for defendants on negligence per se claims and denied on ordinary negligence; ordered resolution of whether wilful and wanton conduct precludes immunity as to the United States at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RUS immunity for United States | US is an ‘owner’ and thus immune, provided no charge and recreational use. | Depends on ownership status; US may not be an owner for immunity in this case. | US immune under RUS subject to wilful/wanton facts; disputed facts prevent summary judgment on that exception. |
| Whether Fremont County is an “owner” under the RUS | County is an “owner” due to occupancy/control and agreements with Forest Service. | County not an owner; immunity not available, even if it had duties. | Fremont County not an “owner”; not entitled to RUS immunity. |
| Whether Albertson was granted entry without charge for RUS immunity | Registration fees and funds directed to the trail program constitute a charge for use. | Registration fees are not a “charge” for entry under the RUS; funds may support maintenance. | Albertson was not charged a fee for entering the snowmobile trails; US immunity remains unless wilful/wanton conduct is shown. |
| Negligence per se against United States and Fremont County | MUTCD and FSM 7100/EM-7100-15 create duties; violations support negligence per se. | Federal/state standards do not independently create duty; FTCA/state-law duties apply. | Negligence per se claims dismissed against both; ordinary negligence claims survive as to US and FC. |
Key Cases Cited
- Allen v. State, 136 Idaho 487 (Idaho 2001) (fee therein held to constitute a charge under the RUS)
- Corey v. State, 108 Idaho 921 (Idaho 1985) (numbering fee not necessarily a land-entry charge; purpose of charge analyzed)
- O’Guin v. Bingham County, 139 Idaho 9 (Idaho 2003) (jury determines wilful/wanton conduct; elements of duty/breach from statute)
- Jacobsen v. City of Rathdrum, 115 Idaho 266 (Idaho 1988) (wilful/wanton standard includes knowledge inferred from circumstances)
- Delta Savings Bank v. U.S., 265 F.3d 1017 (9th Cir. 2001) (FTCA requires state-law duty; federal statutes/regulations not source of duty)
- Rayonier, Inc. v. United States, 352 U.S. 315 (U.S. 1957) (FTCA liability framework: private party standard in the state where act occurred)
- Curtis v. Canyon Hwy. Dist. No. 4, 122 Idaho 73 (Idaho 1992) (MUTCD relevance and Idaho law on mandatory provisions)