Bear Medicine v. United States

FINDINGS OF FACT, CONCLUSIONS OF LAW & VERDICT

MOLLOY, Chief Judge.

I. INTRODUCTION

This case stems from a catastrophic logging accident on the Blaekfeet Reservation. The BIA had contracted with a local logging company, Lone Bear Logging, to harvest timber on the St. Mary’s Unit of the Blaekfeet Reservation. Leland Kicking Woman was at the logging site for a try-out as a feller. A tree fell in an unintended direction toward Kicking Woman and Malcolm New Robe, who was showing Kicking Woman around the site. Kicking Woman was struck by the falling tree as he pushed Malcolm New Robe to safety.…