Judge: Park Ridge man’s widow can sue over fatal bear mauling

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A federal judge in Cheyenne, Wyo., has rejected the federal government’s claim that it can’t be sued over the fatal bear mauling of a Park Ridge man near Yellowstone National Park.

Erwin F. Evert — a 70-year-old botanist who had lived with his wife in a cabin nearby for part of the year for several decades — was killed by a 430-pound grizzly on June 17, 2010, in Shoshone National Forest, east of Yellowstone.

The bear was recovering from tranquilizers administered by federal researchers.

Evert’s widow, Yolanda Evert, has filed a $5 million wrongful-death suit against the government, asserting that researchers from the federal Interagency Grizzly Bear Study Team were negligent in dealing with the bear and in taking down warning signs in the area.

The U.S. Attorney’s Office in Cheyenne wanted the lawsuit dismissed, claiming immunity under a Wyoming state law that says property owners don’t have to warn people about possible dangers. But U.S. District Judge Nancy Freudenthal, ruling that the case can go forward, found that law doesn’t limit a landowner’s liability if they “willfully” failed to issue a warning.