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New Hampshire Fish & Game Dep't v. Bacon

Supreme Court of New Hampshire

April 30, 2015

New Hampshire Fish and Game Department
v.
Edward Bacon

Argued January 15, 2015.

Page 1061

Editorial Note:

Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire reports.

6th Circuit Court -- Concord District Division.

Joseph A. Foster, attorney general ( Philip B. Bradley, assistant attorney general, on the brief and orally), for the State.

Seufert, Davis & Hunt, PLLC, of Franklin ( Brad C. Davis on the brief and orally), for the defendant.

LYNN, J. DALIANIS, C.J., and HICKS, CONBOY, and BASSETT, JJ., concurred.

OPINION

Page 1062

Lynn, J.

The defendant, Edward Bacon, appeals an order of the Circuit Court ( Boyle, J.), following a bench trial, finding that he violated RSA 206:26-bb (2011) (amended 2014) by acting negligently while hiking, so as to require a search and rescue effort by the plaintiff, the New Hampshire Fish and Game Department (Department), and that he, thus, was responsible to the Department for the reasonable costs associated with the search and rescue. We affirm.

I

The following facts are established by the record. On September 16, 2012, the defendant began a five-day solo hiking trip in the White Mountains, during which he planned to hike several mountains with summits over 5,000 feet. At the time of the hike, the defendant 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. The defendant also had a " bad back" and was taking a variety of medications for multiple ailments. In preparation for his hike, the defendant trained in a city park in Michigan, which had 250-foot hills and some " gravelly" spots. The conditions on the Franconia ...


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