New Hampshire Fish And Game Dept. v. Bacon

116 A.3d 1060 (2015)

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Nature of the Case

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Facts

D began a five-day solo hiking trip in the White Mountains. D planned to hike several mountains with summits over 5,000 feet. D was fifty-nine years old, had undergone four hip surgeries since 2005, and had an artificial hip that had dislocated on five occasions, twice during the prior year. D had a “bad back” and was taking a variety of medications for multiple ailments. D's training for the hike was in a city park in Michigan, which had 250-foothills and some “gravelly” spots. The area where D was eventually found was rocky and steep at various locations. Stormy weather had been forecast for the morning D began the hike, and rain began a few hours after he departed the campsite. The winds were among the worst and had repeatedly blown experienced rescuers to the ground. That very morning, D slipped on loose gravel, slid down the trail, hit his pack on a rock, and lost his tent which fell down a ravine. At noon D took a photograph of two other hikers he encountered on the trail, both of whom were wearing full rain gear with their hoods over their heads. D eventually fell and dislocated his hip. P received an alert from a hiker that had dislocated his hip and needed assistance. When D was found, his left leg was flexed and internally rotated, the very position that Dt's orthopedic surgeon had warned him to avoid due to his hip replacement. P had 15 personnel and 35 volunteers participate in D's rescue during the afternoon and evening of September 18 and into the early morning hours of September 19. P sued D for costs. The court found that D was grossly negligent. P was awarded $9,334.86 in damages. D appealed.