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FRANCIS v. STATE

No. 20090256.

248 P.3d 44 (2010)

2010 UT 62

Kevan FRANCIS and Rebecca Ives, individually, the natural parents of Samuel Ives, deceased; and Tim Mulvey and Rebecca Ives, individually and on behalf of their minor child Jack Mulvey, Plaintiffs and Appellants, v. STATE of Utah, UTAH DIVISION OF WILDLIFE RESOURCES; and John Does I-X, Defendants and Appellees.

Supreme Court of Utah.

November 23, 2010.

Attorney(s) appearing for the Case

Allen K. Young , Provo, Jonah Orlofsky, Chicago, IL, for plaintiffs.

Mark L. Shurtleff , Att'y Gen., Reed M. Stringham, III , Peggy E. Stone , Asst. Att'ys Gen., Salt Lake City, for defendants.

NEHRING, Justice:

INTRODUCTION

¶ 1 A black bear attacked and killed eleven-year-old Samuel Ives while he was sleeping in a tent with his family during a camping trip in American Fork Canyon. Earlier that morning, the Utah Division of Wildlife Resources (the "DWR") had been alerted to a bear attack at the same location, and state officials had conducted an unsuccessful search for the animal for several hours before Samuel and his family arrived at the...

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