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Remedies Keyed to Tabb, 8th
New Hampshire Fish and Game Department v. Bacon
Citation:
116 A.3d 1060 (2015)Facts
On September 16, 2012, Edward Bacon, age fifty-nine, began a five-day solo hiking trip in the White Mountains. Bacon had undergone four hip surgeries since 2005, had an artificial hip that had dislocated five times (twice in the prior year), suffered from a bad back, and was taking multiple medications. He trained for the hike in a Michigan city park with 250-foot hills, which did not resemble the rocky and steep terrain of the Franconia Ridge Trail. Despite forecasts of severe weather days in advance, Bacon proceeded with his hike on September 18. During the hike, he encountered high winds that blew away his pack cover, lost his tent down a ravine after slipping, and encountered heavy rain. At approximately 1:00 p.m., while attempting to jump backward over a waist-high rock ledge, Bacon fell and dislocated his artificial hip. The rescue operation involved fifteen Department personnel and thirty-five volunteers working from the afternoon of September 18 into the early morning of September 19.
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