Justia Alaska Supreme Court Opinion Summaries

A driver lost control of his truck and crashed into a cabin, causing property damage and personal injuries to the cabin owner. The cabin owner brought suit against both the driver and the driver’s insurance company, alleging in part that the insurance company subsequently took charge of and negligently handled the fuel spill cleanup on the cabin owner’s property. The superior court granted the insurer summary judgment, concluding as a matter of law that the insurer could not owe the cabin owner an actionable duty. The cabin owner appealed, arguing that Alaska case law did not preclude a duty in this context. The Supreme Court agreed with the cabin owner and therefore reversed the superior court’s grant of summary judgment. View "Burnett v. Government Employee Ins. Co." on Justia Law

In July 2012 Erin Long was driving toward Sitka when Robert Arnold turned his truck onto the road, cutting her off and forcing her into a ditch. Long was traveling approximately ten miles per hour when she drove off the road, and her car slowed to a stop as it contacted roadside bushes. Long’s car did not come into contact with Arnold’s truck or any other stationary roadside object. Long claimed she began to feel sore while on a flight to California two days after the accident. She subsequently sought medical treatment for her pain. Long later sued Arnold, alleging that his negligent driving caused her injury, medical expenses, economic loss, loss of enjoyment of life, and physical and emotional pain and suffering. The main issue in this negligence case was whether it was error for the trial court to give a causation instruction to the jury, "[t]he negligence was important enough in causing the harm that a reasonable person would hold the negligent person responsible." Finding no error in issuing that instruction, the Supreme Court affirmed. View "Long v. Arnold" on Justia Law

School bus driver and appellant Jonathan Bockus injured his back moving a gate. He had two spinal surgeries, and his surgeon ultimately recommended a third. About the same time, the driver’s employer scheduled a medical examination, which delayed the planned surgery: the driver’s surgeon would not schedule the surgery while the employer’s medical evaluation was pending. So the driver filed a workers’ compensation claim for the third surgery, and the employer’s doctor ultimately agreed another surgery was appropriate. The Alaska Workers’ Compensation Board awarded the driver his attorney’s fees under AS 23.30.145(b), finding the employer had resisted these benefits, but the Alaska Workers’ Compensation Appeals Commission reversed the fee award. The Supreme Court concluded there was substantial evidence supporting the Board’s finding and therefore reinstated the award. View "Bockus v. First Student Services" on Justia Law

A driver and his passengers sued another driver for injuries arising from an accident. After a trial, the jury returned an award of past pain and suffering damages for the driver, and past medical expenses and pain and suffering damages for one of the passengers. The driver and passengers appealed this award, arguing that it was impermissibly inconsistent and not supported by the weight of the evidence. Because the driver and passengers failed to challenge the jury verdicts before the trial court, all of their challenges were waived, and the Supreme Court affirmed the verdicts in full. View "Small v. Sayre" on Justia Law

A worker whose Alaska workers’ compensation case was closed in 1977 filed a new claim in 2012 related to his injury from the 1970s. The Alaska Workers’ Compensation Board dismissed the new claim, and he appealed to the Alaska Workers’ Compensation Appeals Commission. The Commission granted the worker three extensions of time to file his brief and later issued an order to show cause why the appeal should not be dismissed. The Commission dismissed the appeal, relying on its interpretation of a Board regulation. Finding that the interpretation of that regulation was made in error, the Supreme Court reversed the Commission’s decision. View "Eder v. M-K Rivers" on Justia Law

A worker was left a paraplegic after a 1976 work-related motor vehicle accident. He suffered a number of medical complications related to his injuries. In 2007, his employer controverted some aspects of his medical care, and he filed a written workers’ compensation claim. Shortly before the hearing on the claim, the employer withdrew most of its controversions. The Alaska Workers’ Compensation Board decided that some of the controversions were frivolous, unfair, or in bad faith. It imposed a statutory penalty and reported its findings about frivolous or unfair controversions to the Alaska Division of Insurance. The employer appealed, and the Alaska Workers’ Compensation Appeals Commission reversed the Board in part, deciding as a matter of law that the Board could not impose a penalty for some of the controversions. The Commission decided that other appeal points were moot. The worker appeals the Commission’s decision reversing the penalties and some attorney’s fees; the employer cross-appeals the Commission’s decisions about preservation of the controversion issues and mootness. Upon review, the Supreme Court affirmed the Commission's decision that the controversion issue was properly before the Board, but reversed regarding the penalties issue. View "Harris v. M-K Rivers" on Justia Law

Marilyn Coppe worked in the medical offices of Drs. Michael and Laurie Bleicher from 1994 to 2003. In early 2003, she began to experience respiratory and pain symptoms, which she attributed to her work environment. After her work with the Bleichers ended in October 2003, Coppe sued them in superior court for wrongful discharge. According to Coppe, she became aware during the course of the litigation that she could file a claim with the Alaska Workers' Compensation Board for work-related medical problems. She filed a report of injury in August 2005, alleging that she had suffered an orthopedic strain from repetitive work. She also alleged that she suffered respiratory symptoms due to her work environment. After a hearing, the Board denied her claim, and the Alaska Workers' Compensation Appeals Commission affirmed the Board's decision. Coppe argued on appeal to the Supreme Court that the Board and Commission made factual and legal errors in deciding her case. Finding no error, the Supreme Court affirmed the Commission's decision. View "Coppe v. Bleicher" on Justia Law