Lawsuit over death from mountain goat dismissed

PORT ANGELES, Wash. -- A federal judge has dismissed a lawsuit by the widow of a Port Angeles man who was killed by a mountain goat in Olympic National Park two years ago.
Western District Court Judge Robert Bryan dismissed the case after rejecting, on Oct. 10, Susan Chadd’s negligence claim that the park failed “to summon a rescue helicopter in a timely manner” on Oct. 16, 2010, after her husband, Robert Boardman, 63, was gored to death on a Klahhane Ridge trail while trying to protect his wife and their friend.
The 370-pound male mountain goat, which was killed the same day by a park ranger, is believed to be the same animal that had repeatedly harassed hikers on Klahhane Ridge.
Bryan on Tuesday rejected a motion for reconsideration of his Aug. 20 ruling that dismissed most of Chadd’s claims in the case and dismissed the entire case, saying there were no remaining claims.
Bryan said new evidence presented by Chadd’s lawyer, personal injury attorney Stephen Bulzomi of Tacoma, did not point to “any mandatory course of action” by Olympic National Park, such as removing or killing the mountain goat after hazing the animal, which had been aggressive with hikers, did not work.
Neither Bulzomi nor Olympic National Park spokeswoman Barb Maynes would comment on the ruling.
Bulzomi has until Dec. 17 to file an appeal with the federal 9th Circuit Court of Appeals in San Francisco.
The Peninsula Daily News is a newspaper partner of KOMO News
Western District Court Judge Robert Bryan dismissed the case after rejecting, on Oct. 10, Susan Chadd’s negligence claim that the park failed “to summon a rescue helicopter in a timely manner” on Oct. 16, 2010, after her husband, Robert Boardman, 63, was gored to death on a Klahhane Ridge trail while trying to protect his wife and their friend.
The 370-pound male mountain goat, which was killed the same day by a park ranger, is believed to be the same animal that had repeatedly harassed hikers on Klahhane Ridge.
Bryan on Tuesday rejected a motion for reconsideration of his Aug. 20 ruling that dismissed most of Chadd’s claims in the case and dismissed the entire case, saying there were no remaining claims.
Bryan said new evidence presented by Chadd’s lawyer, personal injury attorney Stephen Bulzomi of Tacoma, did not point to “any mandatory course of action” by Olympic National Park, such as removing or killing the mountain goat after hazing the animal, which had been aggressive with hikers, did not work.
Neither Bulzomi nor Olympic National Park spokeswoman Barb Maynes would comment on the ruling.
Bulzomi has until Dec. 17 to file an appeal with the federal 9th Circuit Court of Appeals in San Francisco.
The Peninsula Daily News is a newspaper partner of KOMO News
Goat got the death penalty.
Phone calls to the Goats attorney were not immediately returned.
I thought this one was dismissed months ago. I was waiting for the same lawyer to have his cased dismissed for suing the USFS because they didn't put out enough warning signs reminding people about gravity effects on chunks of ice that might break off an active glacier.Â
 @Reality Control How about signs warning about gravity.
You know - faww down go boom.
too bad about the guy getting killed, but at least there's a bit of sanity in the court system... surprises me, though.
Wow. Â Never expected common sense from our court system.
Common sense prevails. Â They have suffered a devastating loss, but it was the fault of the goat and the goat has been dispatched, end of story. Â
@Doxie I'm not a lawsuit fan, but if the park knew about this animal and did nothing to prevent it from engaging in aggressive behavior, then they are liable.
 @TheBronze  @Doxie Are you kidding me?!?! Its this same retarded thinking which has made us the most litigious country in the world. I walked on the freeway, the city is responsible, a goat gored me, the park is responsible, I was able to jump into a tiger pen, the zoo is responsible, I can't read a label, the label company is responsible, I can't control my diet, the burger company is responsible.
Â
How about, I can't apply common sense, god is responsible?!?!?! Too bad you can't sue it :D
 @TheBronze  Wrong.  People who venture out into the wilderness do so at their own peril.  It is up to them to take care of themselves and provide for their own safety.  To suggest otherwise is ridiculous.Â
 @Datsuyama  @TheBronze You are in the food chain in nature so it really isn't like watching the wilderness on Channel 9. Its "at your own risk" out there. Icy spring rivers, wildlife, cliffs, lightning, fire, it's all the real thing.Â
@TheBronze I am sorry but nobody is Liable for a wild animal. Hence why they are a wild animals. When you go backpacking, or hiking, you choose to accept the aherent risks that come along with enjoying our wildlife. If you dont agree, stick to greenlake. Â
I would think the two legged animals are more dangerous than the four.
 @TheBronze it's the freaking wilderness, you moron.
@TheBronze Apparently the judge did not agree.
Good. This lawsuit had the same amount of merit as the nigerian scam email I received the other day.
when you enter the woods you enter at your risk.
Yes, as with many others, I feel bad for the family and their loss. However, this was something that is not the fault of anyone other than the goat involved. I am glad the judge tossed out the suit.
It's a good thing this was dismissed. I don't know how the surviving members of the goat's family would have paid the damages.
Â
I do feel for the loss, but as said before, it's a risk any time you step outside. Sometimes when you play with nature, it plays back with you.
@responsible adult? And sometimes nature plays rough.
I feel bad for his family, but there never should have been a lawsuit. Unfortunately this falls under the "poop happens" file of life.Â
Dismissal, of course. Â The goat had punctured a major artery in a location where it was not possible even to apply a tourniquet. Â No matter how quickly a rescue helicopter had been summoned, this unfortunate gentleman would have already bled to death. Â
I hope the judge pointed & laughed at the absurdity of the suit when he dismissed it.Â
That's too ba-a-a-a-a-aad.......
That "was" one bad arse goat. RIP sir, what a way to go!
Lawsuit over death from mountain goat dismissed...and rightfully so. There's a certain amount of risk when you hike in national parks - and run-ins with the locals is one of them. This was a preposterous lawsuit - I'm glad the judge agreed.
Good! Â Glad this one didn't take up too much of our court time. Â
As a result of my birth I face certain death. Who shall I sue? I can't sue my parents because they are both deceased.  I better find a good lawyer.
This comment has been deleted
 @Shelly  @Tooby The goat supplied the booze! The judge will toss the case.
As it should be. This was a frivolous suit from the outset.
That is one MASSIVE goat, holy smokes! I wonder if this poor guy would been charged with anything if he had shot the goat in self defense?
 @Adrian the nerdÂ
Nope. Â You can carry a gun in national parks specifically to protect yourself against the wildlife.
Glad this was dismissed...should never have been filed.....
A ridiculous, frivolous lawsuit.