Judge: Hiker liable for springing traps, but trapper did not prove damages

A Juneau hiker was not justified in setting off two fur-bearing traps after she rescued an ensnared bald eagle, but she won’t owe the trapper any money, a Juneau District Court judge ruled Friday.

Judge Thomas Nave found that trapper John Forrest failed to prove at trial that the hiker caused him any loss of income by springing two of three traps in question unnecessarily.

“It is the conclusion of this court that defendant Ms. Turley is liable to plaintiff Mr. Forrest for any loss due to her unjustified interference with his trap at half mile on the trail but that plaintiff failed to prove any damages,” Nave wrote.

Forrest sued Kathleen K. Turley last month, seeking $5,000 in damages, for springing several of his lawfully set traps on Davies Creek trail in December 2014. The lawsuit did not pertain to the trap that snared the eagle on Dec. 24, but to three other traps that Turley said she sprung on the same trail that day and on Dec. 27 out of safety concerns.

After hearing testimony Monday and closing arguments Thursday, Nave found Turley was justified in springing a marten trap close to the wolverine trap that incidentally caught an eagle. Turley had three dogs with her at the time and tied them up to a bush as she worked for an hour to free the eagle. The eagle later had to be euthanized.

“As a cautionary measure, she sprung that trap to assure that, while she was working, the dogs didn’t get loose and invade that trap adding to the emergency,” Nave wrote. “When evaluating the circumstances and objectively applying facts as the defendant reasonably perceived them, the court finds that she was justified when she rendered the trap near the eagle harmless.”

But, the judge said, it wasn’t necessary for Turley to spring another marten box trap as she hiked back down the trail. She sprung the same trap again — unnecessarily, the judge said — on Dec. 27 as she led a group of Juneau Alpine hikers down the trail at dusk.

Nave said Turley had other options available to her to ensure the safety of her dogs in the first instance and the hikers in the second. She could have leashed her dogs, and, “if she was concerned about that particular trap, she could have placed herself in front of it or asked someone else to do so while all the hikers passed,” Nave wrote of the second instance. “Other alternatives existed.”

Because Turley was found liable for springing those two traps, Nave said she could have owed Forrest money if he had proved he lost income over it. But Nave said he didn’t have a basis to calculate the loss of income.

“During the week in question, he recalls trapping a large beaver and a mink but could not be more specific and had not apparently given the matter much thought until asked (by the court),” Nave wrote. “Better evidence of damages might have been weekly logs of animals taken noting which traps and what portion of the trap line was productive.”

Nave continued, “Mr. Forrest may have caught a marten in the trap one half mile up the trail or he may not. It could be that he has never caught anything in a trap in that particular area.”

The plaintiffs originally sued for $5,000, then lowered that amount to $1,000 just before the trial. Forrest in his testimony Monday said he would be satisfied with $500 to $700 to account for loss of income, and in closing arguments, his attorney Zane Wilson requested between $1,000 and $1,200 to cover both income loss and punitive damages.

Nave declined to award punitive damages, which are designed to essentially punish the defendant for wrongdoing and deter them and others from such conduct in the future.

“The court cannot find by clear and convincing evidence the acts committed by Ms. Turley were outrageous, including acts done with malice or bad motives or they evidenced reckless indifference to the interest of another person,” Nave wrote.

The Empire has reached out to Forrest’s attorney Zane Wilson for comment.

Turley’s attorney, Nicholas Polasky, said he was pleased Turley was not held liable for one of the traps, but disappointed she was found responsible for the other two.

“We are disappointed because we disagree that Ms. Turley ever had any intent to hinder or obstruct trapping,” he told the Empire by email. “And, we continue to believe that trapping that follows the minimum applicable rules is not responsible trapping. But we had a trial, the judge heard all the evidence, Judge Nave is a very good judge, and he made a different decision. We respect that.”

Polasky added that the judge’s decision “split the baby,” in his opinion.

“My client was worried about paying more than $5,000 for something she does not think she did wrong — and she avoided that outcome,” Polasky said. “Mr. Forrest wanted to make a point about how a person should not set off traps — and on two of the three traps he made his point.”


••• 

Original story below:

A Juneau hiker was not justified in setting off a couple of fur-bearing traps after she rescued an ensnared bald eagle, but she won’t owe the trapper any money, a Juneau District Court judge ruled Friday.

In a 7-page written ruling, Judge Thomas Nave found that trapper John Forrest failed to prove any damages during the small claims trial took place in Juneau District Court this week.

“It is the conclusion of this court that defendant Ms. Turley is liable to plaintiff Mr. Forrest for any loss due to her unjustified interference with his trap at half mile on the trail but that plaintiff failed to prove any damages,” Nave wrote.

Forrest sued Kathleen K. Turley last month, seeking about $1,000 in damages, for springing several of his lawfully set traps on Davies Creek trail in December 2014. The lawsuit did not allege Turley was in the wrong for springing the wolverine trap the eagle was caught in on Dec. 24, but for three other traps she sprung that day and three days later during a hike.

This is a developing story. Check back soon for updates.

More in News

(Juneau Empire file photo)
Aurora forecast through the week of Nov. 3

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

El Sombrero opens the doors of its downtown restaurant for the final time Saturday after 45 years at the location. (Mark Sabbatini / Juneau Empire)
El Sombrero says ‘hasta luego’ by closing restaurant after 45 years, with plans to open food truck

Downtown eatery owned by family for three generations who grew up alongside their customers.

Nesbett Courthouse in downtown Anchorage on Oct. 7, 2024. (Yereth Rosen/Alaska Beacon)
After controversial correspondence school decision, Anchorage judge faces voters in election

Adolf Zeman is one of 19 judges on Alaska’s ballots, but he’s the only one with a campaign against him.

The outcome of the struggle for control of both the House and Senate will have sweeping implications for the country’s future. Shown is the U.S. Capitol on Oct. 9, 2024. (Jane Norman/States Newsroom)
Will control of Congress shift? The results hinge on a handful of states and races

Narrow Republican Senate majority would allow Murkowski to wield outsized influence, expert says.

A sign on Egan Drive reminds motorists at midday Friday a lower seasonal speed limit is in effect in an attempt to reduce collisions at the Fred Meyer intersection. (Mark Sabbatini / Juneau Empire)
Reduced 45 mph speed limit goes into effect on Egan Drive in vicinity of Fred Meyer intersection

Change in effect until Jan. 31 intended to improve safety; JPD reports normal number of traffic stops.

People voting ahead of Election Day line up inside the Mendenhall Mall annex on Friday, Oct. 25. (Laurie Craig / Juneau Empire)
Juneau an afterthought for candidates ahead of Tuesday’s election, but early voting at a record pace

Toss-up U.S. House race, minimum wage increase, repeal of ranked choice voting on ballot.

Mark Sabbatini / Juneau Empire file photo
Tesla Cox (left) explains the damage done to her home and possessions by record flooding Aug. 6 to a delegation of municipal, tribal and federal officials on Aug. 11. The City and Borough of Juneau is considering a memorandum of agreement with the Central Council Tlingit and Haida Indian Tribes of Alaska for public safety issues such as emergency response, plus a similar agreement involving solid waste operations.
City leaders, Tlingit and Haida considering operational pacts for public safety, solid waste

Assembly members Monday will also discuss flood barriers, short-term rentals, homeless.

(Michael Penn / Juneau Empire file photo)
Police calls for Wednesday, Oct. 30, 2024

This report contains public information from law enforcement and public safety agencies.

The Tongass National Forest near Sitka on Oct. 10, 2024. The remains of a hunter who the authorities believe was fatally mauled by a bear were recovered on Wednesday, Oct. 30, 2024, from a remote region in Alaska where such attacks are rare. (Christopher Miller/The New York Times)
Deer hunter is killed in apparent bear attack near Sitka, authorities say

The remains of a hunter who authorities believe was fatally mauled by… Continue reading

Most Read