Francis v. State, Utah Division of Wildlife Resources
2010 Utah LEXIS 203
| Utah | 2010Background
- A black bear killed Samuel Ives while he slept in a tent at an unimproved campsite in American Fork Canyon; DWR had earlier responded to a bear attack at the same site but did not close it or alert campers.
- The federal government owns and controls the land; only the USFS could issue or revoke permits or close the area.
- Samuel’s heirs sued the State of Utah and the DWR for negligence; the State conceded negligence for purposes of the motion.
- The State moved for judgment on the pleadings arguing immunity under the Governmental Immunity Act’s permit exception, § 63G-7-301(5)(c).
- The district court granted judgment on the pleadings, applying the permit exception to immunize the State.
- The Utah Supreme Court reversed, holding the permit exception does not apply because the land and authorization were controlled by the federal government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the permit exception immunize the State? | Ives argues the State’s alleged failure to seek USFS action caused the death, within the permit exception. | State contends immunity applies because injury arose from the issuance/denial of a permit or related authorization. | No; permit exception does not apply. |
| Does federal ownership/authority remove immunity under the permit exception? | Federal control over the land and authorization to camp means the State could not trigger the permit exception. | State could rely on its own actions related to permits notwithstanding federal ownership. | Yes; immunity does not attach because the land and authorization are federally controlled. |
Key Cases Cited
- Peck v. State, 191 P.3d 4 (Utah 2008) (discusses limitations of immunity in other statutory contexts)
- Taylor v. Ogden City School District, 927 P.2d 159 (Utah 1996) (assault exception context, not applicable here)
- Ledfors v. Emery County School District, 849 P.2d 1162 (Utah 1993) (assault exception context, not applicable here)
- Bailey v. Bayles, 52 P.3d 1158 (Utah 2002) (affirmance on alternate grounds requires record apparentness)
- Blackner v. State, 48 P.3d 949 (Utah 2002) (governing standards for governmental immunity review)