Widow of mountain-goat victim to appeal court ruling

PORT ANGELES — The widow of a Port Angeles man who was gored to death by a mountain goat in Olympic National Park in 2010 is appealing the federal court decision that absolved the National Park Service of negligence in his death.

Lawyers for Susan Chadd filed the notice of appeal to the 9th Circuit Court of Appeals in federal District Court in Tacoma, where Judge Robert Bryan dismissed Chadd’s final negligence claim

Oct. 10.

Tacoma lawyer Steve Bulzomi, an attorney representing Chadd, said last week that a legal brief outlining the basis of the appeal will be filed no earlier than June.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“We are appealing because we would like the 9th Circuit to reverse the decision,” he said.

“What we base the appeal on will be revealed when we file our first brief.”

Park spokeswoman Barb Maynes said the park does not comment on ongoing cases.

Chadd could not be reached for comment.

In the first part of his ruling, Bryan decided Aug. 20 that the park cannot be sued for its decisions.

Bryan rejected Bulzomi’s claims that more concerted actions should have been taken against the mountain goat, which he said had a history of aggression against hikers before it killed Robert Boardman, 63, during a hike on the popular Switchback Trail on Klahhane Ridge.

Bryan said the park’s actions are immune from lawsuits even though the park could have acted more quickly to relocate or kill the animal.

Bryan dismissed Chadd’s final negligence claim Oct. 10, ruling that the park was not liable for failing “to summon a helicopter in a timely manner” after Boardman was gored by the 370-pound male mountain goat.

The mountain goat was killed by a park ranger Oct. 16, 2010, the same day Boardman died.

Bulzomi had argued that then-Olympic National Park Superintendent Karen Gustin and former park Chief of Natural Resources Cat Hoffman knew of a “legitimate safety issue” involving the animal and were aware that adverse conditioning had failed to control it.

The park had determined that Boardman, a registered nurse, musician and educator, had not acted aggressively toward the animal.

Boardman, Chadd and a friend were hiking when the mountain goat began harassing the party.

The animal followed Boardman, who separated himself from his companions to protect them, before it fatally gored him in the thigh.

Boardman’s death was the first fatal animal attack in the history of the park, which was established in 1938.

Park officials claimed they could not identify the mountain goat as the same oversized animal they had identified as “Klahhane Billy” in emails and park ranger reports, which were obtained by the Peninsula Daily News under a Freedom of Information Act request.

Park officials said the animal that killed Boardman was healthy in rut and larger and older than average mountain goats.

Chadd had told a park ranger that her husband had complained to the park several times about an aggressive mountain goat on Klahhane Ridge.

Chadd, her son, Jacob Haverfield, and Boardman’s estate filed the federal lawsuit seeking unspecified damages Nov. 1, 2011.

The federal government denied more than $10 million in claims earlier in 2011.

Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at paul.gottlieb@peninsuladailynews.com.

More in News

Parker Brocious, 6, from Cedar Hills, Utah, studies tubs containing plankton, krill and other small ocean creatures used by the Port Townsend Marine Science Center for education purposes while on a road trip with his family on Tuesday at Fort Worden State Park. Parker’s father Tyler is at left. (Steve Mullensky/for Peninsula Daily News)
Science education

Parker Brocious, 6, from Cedar Hills, Utah, studies tubs containing plankton, krill… Continue reading

Port Angeles approves lodging tax fund requests

Vacancy on committee brings legal questions

OMC hires family medicine physician

Dr. Calvin Kuo will join hospital in August

Colton Dufour, left, and his mom Cherie Tachell. (Cherie Tachell)
Boy seriously injured following hit-and-run

Condition is stable, but more testing underway for Sequim teenager

Applications open for Forks council seat

The Forks City Council is accepting applications to fill a… Continue reading

Bridge inspections set on Hood Canal

Bridge preservation engineers from the state Department of Transportation will… Continue reading

Port Townsend Farmers Market opens Saturday

Farm-fresh eggs, mexican pastries and smoked fish available

Adella Banning, 6, of Port Angeles pretends to take to the road on a all-terrain vehicle maintained by Clallam County Search and Rescue during Saturday’s Kiwanis Kids Fest at Vern Burton Community Center and a section of adjoining Fourth Street. The event featured numerous public safety displays as well as other youth activities hosted by area community service agencies. (Keith Thorpe/Peninsula Daily News)
Kids Fest

Adella Banning, 6, of Port Angeles pretends to take to the road… Continue reading

Clallam letter details Trump administration impacts

Clallam cites economy, tourism, healthcare

Rhonda Kromm is the new Port Angeles School District assistant superintendent. She replaces Michelle Olsen, the newly hired superintendent.
First bonds issued for develop plans for PAHS, Franklin Elementary

Construction at new Stevens Middle School to start in May

UPS Store closing Port Angeles location

UPS is closing its UPS Customer Center at 3216… Continue reading

Single-lane traffic near Kalaloch Campground

Erosion near Kalaloch Campground has caused a temporary lane closure… Continue reading