U.S. Forest Service Immune From Liability Under State Recreational Use Statute.

The plaintiff was injured when her all-terrain vehicle (ATV) rolled down a hill in a National Forest in Idaho.  The plaintiff sought almost $800,000 in damages for her injuries related to the crash that happened when she drove the ATV up a fence-crossing ramp over a cattle guard on a trail.  The ATV slipped off of the ramp and fell four feet, landing on top of the plaintiff.  The plaintiff claimed that the U.S. Forest Service was negligent in constructing and maintaining the fence crossing.  The court granted summary judgment to the defendant on the basis that it was immune from suit under the ID recreational use statute because of the plaintiff's failure to allege willful and wanton conduct.  A complaint grounded in "negligence" does not incorporate all degrees of negligent conduct and the plaintiff never alleged that the defendant acted with willful and wanton negligence.  There was no evidence that the defendant knew or had reason to know that the cattle guard ramp was a peril.  The cattle guard had been continuously used with no known accidents or incidents, and Forest Service personnel had inspected it annually and had observed that it was in working condition a week before the plaintiff's accident.  Linford v. United States, No. 4:13-cv-00194-BLW, 2015 U.S. Dist. LEXIS 126596 (D. Idaho Sept. 21, 2015).