The federal government is asking a judge to throw out a lawsuit over a fatal grizzly bear mauling near Yellowstone National Park.

A 430-pound male grizzly mauled Erwin Evert of Park Ridge, Ill., in June 2010 and his widow has filed a $5 million wrongful death lawsuit against the government. It alleges that researchers were negligent in trapping a bear along a trail and close to cabins, and by prematurely taking down signs that warned passers-by of their work in the area.

The federal government has filed a motion to dismiss last week claiming immunity under a state law — the Wyoming Recreation Use Act. The law says that property owners don't have to warn recreationists about possible dangers on the land.

Associated Press