Articles Posted in Personal Injury

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Paulette Harper sued two New York corporations in Alaska superior court alleging violations of her right of publicity and right of privacy. Her claims related to an allegedly false account regarding her recovery from cancer; she discovered the account in a brochure promoting products by BioLife Energy Systems, Inc., while working for BioLife’s distributor in Colorado. The defendants filed a motion to dismiss based on lack of personal jurisdiction, claiming that neither of them has the minimum contacts with Alaska necessary to satisfy due process. The superior court granted the motion, reasoning that although BioLife arguably had some contacts in Alaska, the woman’s claims did not relate to those contacts, and the defendants’ contacts were insufficient to establish all-purpose jurisdiction. Harper appealed, but finding no reversible error, the Alaska Supreme Court affirmed. View "Harper v. Biolife Energy Systems, Inc." on Justia Law

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Alaska’s medical peer review privilege statute protected discovery of data, information, proceedings, and records of medical peer review organizations, but it did not protect a witness’s personal knowledge and observations or materials originating outside the medical peer review process. A hospital invoked the privilege in two separate actions, one involving a wrongful death suit against a physician at the hospital and the other involving both a medical malpractice claim against the same physician and a negligent credentialing claim against the hospital. In each case the superior court compelled the hospital to disclose materials related to complaints submitted about the physician and to the hospital’s decision to grant the physician medical staff membership. The hospital and the doctor sought the Alaska Supreme Court's review of the discovery orders. Because the Supreme Court concluded these discovery orders compelled the hospital to disclose information protected by the peer review privilege, it reversed the discovery orders in part. Furthermore, the Court held that the false information exception to the privilege provided in AS 18.23.030(b) applied to actions for which the submission of false information was an element of the claim and thus did not apply here. View "Mat-Su Valley Medical Center, LLC v. Bolinder" on Justia Law

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Daniel Blair, a seaman, sued his former employer and the former employer’s liability insurer, claiming that the insurer had failed to pay him amounts due under the terms of a settlement agreement. Blair asserted that the “policy limits” settlement included both the policy’s stated limits and attorney’s fees calculated under Alaska Civil Rule 82. The insurer, relying on the policy’s notice that fees were included in the policy limits, argued that the settlement had been fully satisfied. The parties also disagreed about whether costs from a review of Blair's medical bills were properly counted against the policy limits. After contentious discovery, the superior court granted summary judgment for the insurer, finding that the policy’s Rule 82 notice was valid and that the settlement had been satisfied. The court awarded attorney’s fees to the insurer as the prevailing party. Blair appealed the grant of summary judgment, the denial of some discovery, and the award of attorney’s fees. After review, the Alaska Supreme Court affirmed the superior court’s summary judgment and discovery rulings except with regard to whether the costs of the medical review were properly deducted from the policy limits; here, the Court concluded issues of fact precluded summary judgment on this issue. The Court reversed summary judgment only as to that issue, vacated the attorney’s fees award, and remanded for further proceedings. View "Blair v. Federal Insurance Company" on Justia Law

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While sitting on his motorcycle at a stop light, Chad Hahn was thrown backwards when Franklin Townsend’s car failed to stop in time and struck the motorcycle. During settlement negotiations in the suit that followed, Hahn sought payment under Townsend’s underinsured motorist(UIM) insurance policy. Hahn argued that he was an insured occupant of Townsend’s car because he landed on the car after the impact and that Townsend’s liability insurance would not cover the full extent of his damages, rendering Townsend underinsured. Townsend’s insurer, GEICO Choice Insurance Company (GEICO), sued for a declaratory judgment that no UIM coverage was available. Hahn answered, raising a number of affirmative defenses including that GEICO’s declaratory judgment action was not ripe and that the court therefore lacked subject matter jurisdiction. Hahn also filed a counterclaim for a declaratory judgment that UIM coverage was available to him, and asserted third-party claims against Townsend, seeking to join him as a necessary party and a real party in interest. The superior court concluded that it had subject matter jurisdiction, granted summary judgment and a declaratory judgment in GEICO’s favor, and dismissed the third-party claims against Townsend. Hahn appealed; finding no reversible error, the Alaska Supreme Court affirmed. View "Hahn v. GEICO Choice Insurance Company" on Justia Law

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Abigail Caudle was a 26-year-old apprentice electrician when she was electrocuted on the job while working for Raven Electric, Inc. Her mother sought workers’ compensation death benefits or other damages related to her daughter’s death. Acting on the advice of attorneys but representing herself, she brought a claim before the Alaska Workers’ Compensation Board, arguing in part that the Alaska Workers’ Compensation Act was unconstitutional because it inadequately compensated for her daughter’s life, particularly given the circumstances of her daughter’s death, and because it failed to consider her future dependency on her daughter. The Board denied her claim, and the Alaska Workers’ Compensation Appeals Commission affirmed the Board’s decision. The Commission also ordered the mother to pay the employer’s attorney’s fees and costs. The Alaska Supreme Court held that the mother’s constitutional rights are not violated by the Act. However, the Court reversed the Commission’s award of attorney’s fees. View "Burke v. Raven Electric, Inc." on Justia Law

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An asphalt plant operator threw a can at a driver waiting outside his truck to get his attention, striking him in the back. The driver dropped to his hands and knees after being struck, and went to an emergency room for medical treatment. The driver brought negligence and battery claims against the plant operator and his employer, but was awarded minimal damages after trial. The driver appealed, challenging several of the superior court’s decisions regarding jury instructions, evidentiary rulings, and pre- and post-trial orders. But because the Alaska Supreme Court found no error in the superior court’s decisions, it affirmed. View "Lindbo v. Colaska, Inc." on Justia Law

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A family rushed to the scene of a car accident, only to discover that it had been caused by a family member, who soon thereafter died from her traumatic injuries. The family brought a bystander claim against the deceased family member’s estate for negligent infliction of emotional distress, making the novel argument that, even though the family member was also the tortfeasor, the family could recover for its resulting emotional distress. The superior court granted summary judgment in favor of the estate, reasoning that the family’s claim had no basis in current Alaska law. The Alaska Supreme Court affirmed, concurring that the family’s claim had no basis in Alaska law and also failed to satisfy the test set forth in D.S.W. v. Fairbanks North Star Borough School District, 628 P.2d 554, 555 (Alaska 1981) regarding expanding tort liability. View "Schack v. Schack" on Justia Law

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After a mother and daughter were involved in a car accident, they (and the father) sued the employer of the other vehicle’s driver. The employer made separate offers of judgment to the mother and daughter under Alaska Civil Rule 68, which they rejected. At trial all three plaintiffs were awarded damages. With respect to the mother, the superior court awarded partial attorney’s fees to the employer under Rule 68 because the mother’s award was less than 95% of the offer made to her. Mother appealed, arguing that the offer of judgment was not a valid Rule 68 offer and that the superior court wrongly excluded certain costs that, when included, would have led to an award of more than 95% of the offer of judgment. After review, the Alaska Supreme Court found the offer of judgment was valid and that the court did not err in excluding costs not covered by Alaska Civil Rule 79 when comparing the offer to the mother’s recovery. View "Whittenton v. Peter Pan Seafoods, Inc." on Justia Law

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In 2010, Corrections Officer Nelson Robinson was supervising a prison module of about 50 inmates at the Anchorage Correctional Complex, including Radenko Jovanov and Alando Modeste. Modeste approached Jovanov while he was in line for the telephone, and he told Jovanov that he wanted them to request placement in separate modules because Modeste was related by marriage to the victim of Jovanov’s crime. Modeste then punched Jovanov on the left side of the head and pushed his head into the wall, requiring Jovanov to obtain medical treatment for his injuries. Jovanov sued the Department of Corrections (DOC), Officer Robinson, and Modeste for his injuries, alleging: (1) the assault was foreseeable and therefore DOC should have prevented it; (2) Officer Robinson failed to respond promptly to the argument and prevent further injury to Jovanov; and (3) DOC was negligent in understaffing the prison unit and placing the officer’s desk out of view of the telephone. DOC counterclaimed for the cost of the medical treatment Jovanov received. The superior court granted summary judgment in favor of Jovanov against Modeste on the issue of liability, and in favor of DOC’s counterclaim for medical costs. The Alaska Supreme Court affirmed the superior court’s decision granting summary judgment in favor of DOC on Jovanov’s negligence claims against it; the assault was not foreseeable, and therefore DOC cannot be negligent on these grounds. Further, DOC’s staffing decisions and its placement of the guard’s duty station were immune policy decisions that could not form the basis of a negligence claim. The Supreme Court reversed the superior court’s grant of summary judgment in favor of DOC on its counterclaim against Jovanov for the cost of medical care provided to him and remand for further proceedings. The Court also remanded for further proceedings regarding Jovanov’s negligence claim against Modeste. View "Jovanov v. Dept. of Corrections" on Justia Law

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Two families shared a duplex in Ketchikan. Brian Calvin and his wife and child lived in the upper unit; Tracy Harrell, her husband, Klyn Kloxin, and her mother, Winnie Sue Willis, lived in the bottom unit. In 2013, the duplex was destroyed by fire, and Willis was killed. Harrell concluded the cause of the fire was the upper unit's electric fish smoker, and sued their neighbors above asserting claims for wrongful death and negligent infliction of emotional distress. The superior court concluded that their suit was barred by two-year statutes of limitations and granted summary judgment for the neighbor. The court also awarded the neighbor attorney’s fees under Alaska Civil Rule 82 and entered judgment jointly and severally against the estate and the two individuals. Plaintiffs appealed, arguing the superior court erred in granting summary judgment because the statutes of limitations were tolled by the "discovery rule." They also argued the court abused its discretion in assessing attorney’s fees against them as individuals and in making them jointly and severally liable for the judgment. The Alaska Supreme Court concluded the superior court properly applied the statutes of limitations and that it did not abuse its discretion in its attorney’s fees award. View "Harrell v. Calvin" on Justia Law