Olympic National Park mountain goat goring case sparks court discussion
PARKS — A three-judge federal appeals court panel has rejected a woman’s lawsuit over her husband’s fatal goring by a mountain goat in Olympic National Park, but two of the three suggested court precedent should be changed in a way that would allow her to pursue her claims.
This discussion is likely to have impacts on the way wildlife and recreationists are managed in national parks.
Susan Chadd sued the federal government after her husband, 63-year-old Robert Boardman, was gored in the leg by the 370-pound animal in 2010.
The goat had been threatening visitors for years, and Chadd argued park officials were negligent in failing to kill or relocate it.
A judge in Tacoma rejected her claims, saying the federal government is immune from lawsuit when officials are exercising discretion. The 9th Circuit Court of Appeals panel agreed in a 2-1 ruling Monday. But one of the judges in the majority, Marsha Berzon, said the 9th Circuit’s interpretations in this area of the law had “gone off the rails” and need to be reconsidered.