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Fatal Wyoming bear mauling lawsuit moves forward

A grizzly bear in Yellowstone National Park .  U.S. Fish and Wildlife Service photo by Terry Tollefsbol.

POWELL, Wyo. (AP) - A federal judge is allowing a lawsuit over a fatal bear mauling near Yellowstone National Park to move forward, rejecting the federal government's immunity claim under state law.


Erwin Evert of Park Ridge, Ill., was killed by a 430-pound grizzly in June 2010. The bear was recovering from tranquilizers administered by federal researchers. Evert's widow is pursuing a $5 million wrongful death suit against the government. She claims warning signs were taken down prematurely and researchers were negligent in trapping the bear.


The government claimed immunity under a state law that says property owners don't have to warn people about possible dangers.


The Powell Tribune reported Tuesday Judge Nancy Freudenthal found that law doesn't limit a landowner's liability if they "willfully" failed to issue a warning.

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