Justia Alaska Supreme Court Opinion Summaries

Articles Posted in Injury Law
by
Jessica Milwicz negligently rear-ended a vehicle driven by Justin Pralle. Pralle sued. Milwicz admitted negligence but argued that she had not caused Pralle’s injuries. A jury agreed with her, and judgment was entered in Milwicz’s favor. Pralle appealed, arguing that the verdict was not supported by the evidence and that the superior court abused its discretion in its refusal to excuse several jurors for cause and its admission of expert testimony. Finding no reversible error, the Supreme Court affirmed the judgment. View "Pralle v. Milwicz" on Justia Law

by
Tommie Patterson’s vehicle was struck from behind when he braked to avoid a car stalled in his lane of travel. He sued the owner of the stalled vehicle and subpoenaed her for trial, but she refused to appear. The Supreme Court concluded that the superior court should have issued a warrant or an order to show cause to compel the appearance of this party. In addition, the superior court instructed the jury on Patterson’s products liability claim against Ford Motor Company (manufacturer of Patterson's vehicle), but this claim was erroneously omitted from the special verdict form. Therefore, the Court reversed the superior court’s judgment and remanded this case for a new trial. View "Patterson v. Cox" on Justia Law

by
A tractor-trailer driver was injured while unloading cargo. The driver sued the receiving company for damages, arguing that the company negligently trained its forklift operator, the operator was negligent, and the operator caused his injuries. A jury found the company was negligent, but also found that the negligence was not a substantial factor in causing the driver’s injuries. The driver appealed, arguing that the superior court erred by admitting propensity evidence regarding his safety record; denying a res ipsa loquitur instruction; and denying motions for directed verdict, judgment notwithstanding the verdict, and a new trial. Finding no reversible error, the Supreme Court affirmed the superior court’s rulings. View "Conley v. Alaska Communications System Holdings, Inc." on Justia Law

Posted in: Injury Law
by
Charles Kemp attempted suicide while in administrative segregation at the Anchorage Correctional Complex. He survived but suffered a serious brain injury. His mother, Marjorie Achman, sued the Alaska Department of Corrections (DOC), alleging both a negligent failure to protect Kemp from self-harm and medical malpractice. The superior court granted summary judgment to DOC and awarded attorney’s fees to DOC as the prevailing party. Achman appealed that decision. Finding no reversible error, the Supreme Court affirmed. View "Achman v. Alaska" on Justia Law

by
Jennifer Lockwood was injured in a car accident caused by an uninsured drunk driver. Lockwood had car insurance through Geico General Insurance Company. After exhausting her policy's medical payments coverage, Lockwood sought payment under her uninsured motorist coverage. Geico offered $750 to settle the uninsured motorist claim, and Lockwood declined. Geico questioned Lockwood's "high" medical bills and refused to make additional medical payments outside of a total settlement of Lockwood's uninsured motorist claim. The parties eventually settled Lockwood's uninsured motorist claim for $25,000. Lockwood brought a tort claim against Geico for alleged breach of the duty of good faith and fair dealing implied in her insurance contract, arguing that Geico unreasonably delayed payment of Lockwood's uninsured motorist claim. The superior court granted summary judgment in favor of Geico on the bad-faith tort claim and awarded attorney's fees. Upon review of the matter, the Supreme Court reversed the superior court: because there was a genuine issue of material fact regarding whether Geico lacked a reasonable basis for delaying payment on Lockwood's uninsured motorist claim. The case was remanded for further proceedings. View "Lockwood v. Geico General Insurance Company" on Justia Law

by
A prisoner recovered a medical malpractice judgment against the State of Alaska Department of Corrections. But when DOC paid the judgment, it deducted the expenses it had incurred for unrelated medical care provided to the prisoner by outside providers. The DOC then brought an action seeking a declaratory judgment that DOC had the statutory right to reimbursement from the prisoner for medical expenses incurred on his behalf. In this appeal, the prisoner’s estate argued that only prisoners with access to the specified funding sources listed in the statute were liable for the cost of outside medical care. But the Supreme Court concluded that the statute entitled the DOC to reimbursement from a prisoner regardless of whether the medical care is provided inside the prison or made available through an outside provider. The Court also concluded that the common fund doctrine did not require the DOC to share the cost of the prisoner’s attorney’s fees for the medical malpractice action. View "Hendricks-Pearce v. Alaska Dept. of Corrections" on Justia Law

by
A fire broke out at a mobile home owned by Leo Regner near North Pole. The North Star Volunteer Fire Department, the North Pole Fire Department, and the Fort Wainwright Fire Department responded to the fire but were unable to prevent damage to the mobile home. Regner sued the fire departments and several of their employees, alleging negligence. Regner voluntarily dismissed his claim against the Fort Wainwright Fire Department and its employee, and the remaining defendants moved for summary judgment on the basis that they were immune from suit. The superior court granted complete summary judgment. Regner appealed only the superior court’s decision that he failed to make a sufficient showing of negligence to defeat summary judgment. Because the defendants did not move for summary judgment on the merits of Regner’s negligence claims and the merits of those claims were not otherwise addressed in the summary judgment proceedings, the Supreme Court reversed. View "Regner v. North Star Volunteer Fire Dept., Inc." on Justia Law

by
Following a fatal car crash, the estate and the surviving spouse of the car’s driver sued the State of Alaska under separate negligence theories. The superior court granted the State summary judgment on one claim, and a jury found in the State’s favor on the other claim. The estate and the surviving spouse appealed. Finding no reversible error, the Supreme Court affirmed the superior court's grant of summary judgment. View "Steward v. Alaska" on Justia Law

by
Bret Maness alleged that defendants committed a series of sexual assaults against him in the 1970s, when he was still a child. He further alleged that, although the defendants used a combination of date rape drugs and hypnosis to cause him to forget these incidents, he recovered memories of the assaults shortly before filing his complaint. Maness sued for assault and battery, sexual assault, intentional infliction of emotional distress, and false imprisonment, based on those 1970s incidents. The superior court concluded that Maness' claims are barred by the statute of limitations. In his appeal, Maness argued that the discovery rule tolled the statute of limitations because he provided an affidavit stating that he suffered from repressed memory syndrome and has only recently recovered memories of these assaults. The Supreme Court agreed with the superior court’s conclusion that expert testimony is necessary to support a claim based on repressed memory syndrome and affirmed the grant of summary judgment in favor of defendants. View "Maness v. Gordon" on Justia Law

Posted in: Injury Law
by
Railroad conductor Sean Janes was injured while railcars were being loaded onto a barge built to transport railcars and non-rail cargo at the same time. Janes and his family sued the barge owner, alleging that placing cargo across the tracks and failing to provide devices to stop moving railcars from hitting the non-rail cargo made the barge unseaworthy under federal maritime law. After a bench trial, the superior court found that the barge was reasonably fit for its intended purpose and that Janes had not proved that the barge was unseaworthy. On appeal, Janes argued the trial court erred by rejecting his unseaworthiness claim. Because the superior court's findings of fact were not clearly erroneous and because the court committed no legal error, the Supreme Court affirmed. View "Janes v. Alaska Railbelt Marine, LLC" on Justia Law