TORT LAWUnited States District Court, District of Alaska (2022)Elza BouhassiraIn Estate of Vinberg v. United States, 2022 WL 11753090 (D. Alaska 2022), the district courtheld that a widow’s claim regarding her husband’s death was not barred by the intentional tortexception of the Federal Tort Claims Act (FTCA). (Id. at 6). Through his widow, a diseasedcivilian’s Continue Reading »
TORT LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Garcia v. Vitus Energy, L.L.C., 605 F. Supp. 3d 1188 (D. Alaska 2022), the court held that areasonable jury could find that a principal granted an agent apparent authority by designating himas captain of the principal’s ship. (Id. at 1217). After suffering injuries while being Continue Reading »
TORT LAWUnited States District Court, District of Alaska (2022)Flora LipskyIn James v. General Dynamics, 582 F.Supp.3d 673 (D. Alaska 2022), the district court held that,under Alaska tort law, a manufacturer and on–demand maintenance–service provider did not owea duty of care to inspect an U.S. Army–owned Stryker armored vehicle that struck and killed alongshoreman in an Continue Reading »
TORT LAW Supreme Court of Alaska (2022) Rachel Reiss In Sulzbach v. City & Borough of Sitka, 517 P.3d 7 (Alaska 2022), the supreme court held that the City and a nonprofit volunteer were not liable for an accident that injured an event dancer. (Id. at 10). An independent nonprofit organization planned to host an Continue Reading »
TORT LAW Margot Graham In Punches v. McCarrey Glen Apartments, LLC, 480 P.3d 612 (Alaska 2021), the supreme court held that expert testimony is necessary to demonstrate personal injury from mold exposure and a tenant must make out a prima facie case that the property management company breached the habitability provision of the lease before Continue Reading »
TORT LAW Matthew Naiman In McCormick v. Chippewa, Inc., the supreme court held that the superior court did not abuse its discretion when it limited discovery to documents created in the time period surrounding the settlement agreement in question. In 2007, McCormick was injured while working on a vessel owned by Chippewa, Inc. After learning Continue Reading »
TORT LAW Andrew Webb Sampson v. Alaskan Airlines, Inc. In Sampson v. Alaskan Airlines, Inc., 467 P.3d 1072 (Alaska 2020), the supreme court held that a special verdict form requiring proof by a “reasonable degree of certainty,” instead of the correct standard of “reasonably probable,” did not constitute plain error. (Id. at 1075). After Sampson Continue Reading »
In Adkins v. Collens,[1] the supreme court held that conduct is exempt from Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when it is the subject of ongoing, careful regulation and such regulation prohibits the conduct in question. Collens, a quadriplegic, contracted with Maxim, a healthcare corporation, to provide his in-home nursing care. Several Continue Reading »
In Bravo v. Aker,[1] the supreme court held that a next friend cannot represent a presumedly incompetent individual without counsel. Almost 20 years before the present litigation concerning a personal injury claim, appellant Helen Bravo was hurt in a boating accident. Bravo claimed this accident – which was allegedly due to appellees’ conduct – caused Continue Reading »
In Doan v. Banner Health, Inc.,[1] the supreme court held that a viable bystander claim for negligent infliction of emotional distress (NIED) does not require the plaintiff’s contemporaneous realization that the injuries they observed were negligently caused. Doan accompanied her ill daughter to the hospital. While at the hospital, Doan was directed to leave her Continue Reading »
