Resort owner not liable for grandson who committed murder, cannibalism, state supreme court says
The Idaho Supreme Court has affirmed a district court’s ruling to dismiss liability claims against a resort owner whose grandson killed and ate a groundskeeper on their property. (Image from Shutterstock)
The Idaho Supreme Court has affirmed a district court’s ruling to dismiss liability claims against a resort owner whose grandson killed and ate a groundskeeper on their property.
The victim’s family filed a lawsuit against Mary Russell and the Antelope Mountain Resort in connection with the 2021 killing of David Flaget by her grandson, James Russell, according to coverage by Verdict News and Legal Newsline.
James Russell had a history of severe mental illness and violence before Mary Russell let him move to her 57-acre property in Clark Fork, Idaho, where Flaget worked.
James Russell thought that Flaget was a trespasser on a September 2021 morning and murdered him, Legal Newsline reports. After eating parts of the corpse, he stuffed the rest of Flaget’s remains in Flaget’s truck. James Russell was charged with first-degree murder and cannibalism, eventually agreeing to life in prison in exchange for a second-degree murder plea, according to the story.
The civil suit filed on behalf of Flaglet’s estate charged the Russell family and the Antelope Mountain Resort with wrongful death, emotional distress and mishandling of a body. The Russells defeated those claims in the trial court, and the decision was upheld by the Idaho Supreme Court. The justices also ordered Flaget’s family to pay a portion of attorney fees for pursuing a frivolous appeal.
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