Dennis G. Martin, Administrator of the Estate of Harry Eugene Walker v. United States

This is a Federal Tort Claims Act case. It arises by reason of the death of Harry Eugene Walker, age 25, who was unmar ried, on June 25, 1972 in Yellowstone National Park following an attack by a grizzly bear. The trial judge, Judge A. Andrew Hauk, awarded damages of $87,417.67 allocated to decedent’s father, mother and sister, plus costs. Defendant, United States of America, has appealed.

While the appellant and appellee do not agree as to the statement of the issues, it is believed that a fair statement of the questions presented by the appeal is:

1) Whether the Tort Claims Act exemption contained in 28 U.S.C. § 2680 (a) bars a recovery in this case.

2) Whether the United States is liable under the facts of this case for the death of a hitchhiker attacked by a grizzly bear in Yellowstone National Park.

3) Whether the United States was guilty of willfully failing to warn the decedent of a dangerous condition under the facts of this case (The trial court, in effect, so found in finding No. 7).

4) The standard of care owed by the United States of America to decedent, a hitchhiker, who paid no admission when he entered the park and was camping without permission in an…