Francis v. State, Utah Division of Wildlife Resources

[ 50 Though I join in part I of the majority opinion, I respectfully dissent from part III, and would therefore not reach the issue discussed in part II. Under the plain language of the statute, I conclude that the presence of indigenous wildlife is a "natural condition on publicly owned or controlled lands" and that the State is therefore entitled to immunity. Urax CopEr § 63G-7-801(5)(k). Because I would hold that the State is immune from liability under the natural condition exception, I would not reach the issue of whether the State owed any duty to the Mulveys.

I. THE PRESENCE OF…