Gary Jarvill alleges that a design defect in the boat he purchased from Porky’s Equipment, Inc. caused it to sink in its harbor slip less than three years after purchase. Jarvill appeals the superior court’s ruling that the statute of limitations bars his product defect and negligence claims. Because the evidence fails to support the trial court’s finding that Jarvill’s cause of action acc... More...   $0 (08-22-2008 - AK)

Evie Rhodes was involved in a car accident with Becky Erion, and Rhodes sued Erion. Erion made three offers of judgment to Rhodes under Alaska Civil Rule 68, but Rhodes failed to accept these offers. The case proceeded to trial, and the jury awarded Rhodes $18,281.85 in damages. This verdict was at least five percent less favorable to Rhodes than an offer made by Erion, and Rhodes was therefore li... More...   $0 (08-22-2008 - AK)

Myrna Johnson sued Fred Meyer Stores Incorporated on an age discrimination theory under 42 U.S.C. 20003 claiming that she was fired from her cashier job at the Fred Meyer store where she worked because the manager wanted a younger prettier cashier. Johnson was 49-years-old when she lost her job.

Defendant denied wrongdoing.... More...   $208000 (08-21-2008 - ak)

We accepted certification in this case to determine whether actual or constructive notice of a hazardous condition is an element of a prima facie case in an action against a grocery store owner in a slip-and-fall case. We hold that it is not.

II. FACTS AND PROCEEDINGS

The facts presented to us are sparse. Gerald Edenshaw slipped and fell at the Carr’s store in Ketchikan on May 10, ... More...   $0 (07-03-2008 - AK)

This case presents an appeal from the superior court’s modified award of attorney’s fees and personal representative fees. In a prior appeal, we concluded that the estate’s personal representative, James Dieringer, breached his fiduciary duty to the estate by engaging in self-dealing and other bad faith conduct. We vacated awards of attorney’s fees and personal representative fees and rema... More...   $0 (07-03-2008 - AK)

In 2002 Janay Wolff, Ralph Cunningham, and Ronnie Clanton agreed that
a $25,000 payment from Cunningham to Wolff would settle a business debt between
Cunningham and Clanton, remove a Child Support Enforcement Division lien from
Cunningham’s real property in Soldotna, and satisfy Clanton’s child support obligation.

When Cunningham failed to pay, Wolff filed suit to enforce ... More...   $0 (07-11-2008 - AK)

This appeal involves a controversy surrounding a large fire started by
Dorene Lorenz and other persons for the purpose of clearing rubbish. Russell Maddox,
a next-door neighbor, sued Lorenz and other parties he thought were involved for
damages the fire caused to his home-based business and property. Lorenz
counterclaimed, primarily stating claims based on Maddox’s behavior towar... More...   $0 (07-11-2008 - AK)

An owner of a condominium unit in a community consisting of singlefamily
homes on large parcels of land appealed the Municipality of Anchorage’s
assessment of property taxes. The owner claims that the Municipality erred by assessing
taxes against the land under and around his stand-alone condominium unit and by
inaccurately assessing the home’s value. The owner’s appeal to th... More...   $0 (07-18-2008 - AK)

In 1989, petitioners' (collectively, Exxon) supertanker grounded on a reef off Alaska, spilling millions of gallons of crude oil into PrinceWilliam Sound. The accident occurred after the tanker's captain, Joseph Hazelwood - who had a history of alcohol abuse and whose bloodstill had a high alcohol level 11 hours after the spill - inexplicably exited the bridge, leaving a tricky course correction... More...   $507500000 (06-27-2008 - AK)

On April 20, 2004, the owners of three p... More...   $0 (04-02-2008 - AK)

Department lieutenants and captains. The Board dismissed APDCOA's petition and similarly denied its subsequent motion for reconsideration ... More...   $0 (03-12-2008 - AK)

Shawn Moore's truck overturned after running into a dead moose in the center of the road. His passenger, Shannon Parnell, was critically injured. Parnell sued Peak Oilfield Service Company, the owner of the truck that had hit the moose sometime earlier. Peak then filed a third-party claim against Moore for allocation of fault. Because the jury found that Peak was not liable for Parnell's injur... More...   $0 (02-15-2008 - AK)

On November 17, 1997, Margret Mullins contracted with Alice Oates to buy three lots of real property located in Tok.1 The initial contract for sale provided that the purchase price for these properties was $170,000; the down payment was $5,000; the monthly payment was $600; interest on the principal would accrue at a rate of $6,000 per year or five percent, "whichever is less"; Mullins would m... More...   $0 (02-29-2008 - AK)

This appeal represents the second time that this case has come befo... More...   $0 (01-18-2008 - AK)

A state-employed seaman injured on the job presents a declaratory challenge to AS 09.50.250(5), a recently enacted provision rescinding the state's waiver of sovereign immunity from suits under the federal Jones Act and referring state employees exclusively to the state workers' compensation system. The employee argues that the statute violates the Alaska Constitution's waiver of sovereig... More...   $0 (01-20-2008 - AK)

The superior court awarded sole legal and primary physical custody of a six-year-old boy to his mother. The boy's father appeals that custody award and the award of child support, which he argues was impermissibly retroactive and improperly omitted his health care contributions. Finally, the father argues that the superior court abused its discretion by not ruling on certain motions that ... More...   $0 (01-04-2008 - AK)

This appeal concerns a permit issued to Defendant- Appellee Alaska Gold Company ("AGC"), by Defendant- Appellee Army Corps of Engineers ("the Corps") for a major gold-mining project near Nome, Alaska. The permit was issued pursuant to Section 404 of the Clean Water Act ("CWA"), 33 U.S.C. § 1344, which authorizes the Corps to issue permits for the discharge of dredged or fill material in... More...   $0 (01-08-2008 - AK)

A dog bit or pawed a seven-week-old baby, causing several scratches along the baby's face and forehead. After an investigation, an Anchorage animal control enforcement officer concluded that the dog should be classified as a "level three" animal, defined by the city code as one that, "while under restraint, inflicts an aggressive bite or causes any physical injury to any human." An admini... More...   $0 (12-28-2007 - AK)

A dog bit or pawed a seven-week-old baby, causing several scratches along the baby's face and forehead. After an investigation, an Anchorage animal control enforcement officer concluded that the dog should be classified as a "level three" animal, defined by the city code as one that, "while under restraint, inflicts an aggressive bite or causes any physical injury to any human." An admini... More...   $0 (12-28-2007 - AK)

This appeal arises from a car accident on Lake Otis Parkway in Anchorage in which Dora Noffke's vehicle struck a car driven by Jose Perez. A jury awarded Jose Perez $24,000 and passenger Neyda Perez $54,000 for past and future damages, and Dora Noffke appeals several decisions of the superior court. Noffke argues that the superior court erred by excluding certain medical records exhibits,... More...   $0 (12-28-2007 - AK)

Plunk appeals from the district court's Amended Final Decree of Forfeiture. The court awarded Plunk compensation in lieu of property to be returned under 28 U.S.C. § 2465 and calculated the amount due to Plunk based on the sale proceeds of the property. The court denied Plunk any additional compensation for consequential damages related to the seizure and forfeiture of the property, and... More...   $0 (12-27-2007 - AK)

Two vehicles traveling in opposite directions at a curve on the Kenai Spur Highway hit a moose at nearly the same time; the impact killed the moose and left its carcass straddling the centerline. Both drivers left the scene. Soon after, another car rounded the curve, struck the carcass, and ran off the road, seriously injuring one of its occupants. Section 321 of the Restatement (Second) of ... More...   $0 (11-13-2007 - AK)

Attorney Nicholas Kittleson filed a consumer protection action against an Anchorage used car dealership on behalf of Danilo and Angelita Nelvis. Kittleson represented the Nelvises under a "hybrid" fee agreement that called for Kittleson to receive a contingent fee unless the Nelvises settled the case "for an amount that will pay less than $175.00 per hour for the time [Kittleson] invest[ed]"... More...   $0 (11-13-2007 - AK)

In 1994 Lois Gilbert was involved in an automobile accident. Gilbert disagreed with State Farm Insurance Company, her insurance carrier, over the extent of her injuries from the accident. On January 12, 2000, pursuant to her insurance contract, Gilbert submitted to arbitration a dispute with State Farm over payment for the accident. The arbitrator found in favor of State Farm. Gilbert appea... More...   $0 (11-13-2007 - AK)

After being fired for alleged insubordination and violating workplace rules, James Willard sued his former employer, Khotol Services Corporation, for wrongful discharge, breach of employment contract, and breach of the implied covenant of good faith and fair dealing. The superior court dismissed Willard's original claims for breach of contract and implied-covenant claims on grounds of pre... More...   $0 (11-13-2007 - AK)

Virginia Hudson sued Dr. Michael Brandner for negligence and assault based on an encounter in July 2002 that occurred at Alaska Regional Hospital, where both Hudson and Dr. Brandner worked. Hudson sought compensatory and punitive damages, claiming that a knee injury and emotional distress resulted from an incident in which Dr. Brandner dragged her down a hallway and pushed her into her off... More...   $115828 (11-13-2007 - AK)

Shelley Plumb, age 33, sued Geico Insurance Company on a bad faith breach of contract theory claiming that defendant failed to compensate her for the injuries and damages that she sustained as a direct result of an accident in which she was involved with an uninsured driver. Plumb was driving her Mazda MPV van at the intersection of the Parks and Palmer-Wasilla highways when a Toyota pickup tur... More...   $591789 (10-12-2007 - AK)

Spitzer denied wrongdoing.... More...   $575000 (09-29-2007 - AK)

Nick Goddard, an employee of Chatham Electric, Inc., opened an overhead garage door while on a job at Hugh Dilbeck's auto body shop in Juneau. The opening door knocked Ronald Pagenkopf off a ladder, severely injuring him. Pagenkopf sued Goddard and Chatham Electric (collectively "Chatham"). Chatham filed a third-party complaint against Dilbeck. After Pagenkopf rejected a pretrial offer of... More...   $0 (08-28-2007 - AK)

Jackson sued three contractors involved in the repair work: Moseley Enterprises, Inc., Warning Lites of Alaska, Inc., and Diggins Concrete. He settle... More...   $94943 (08-20-2007 - AK)

A mental health unit patient, T.C. Greywolf, was arrested at Fairbanks Memorial Hospital and discharged to Fairbanks Correctional Center on a charge of felony assault in the third degree because she had allegedly threatened to harm her psychiatrist, Dr. William Carroll. After Greywolf was acquitted in her criminal trial, she filed charges against Dr. Carroll for (1) malicious prosecution;... More...   $0 (01-17-2007 - AK)

Roslyn Wetherhorn appeals two superior court orders: one approving her involuntary commitment for thirty days and the other approving the non-consensual administration of psychotropic medication. Wetherhorn challenges the constitutionality of the statute relied on by the court to order her involuntary commitment. She also raises due process and evidentiary challenges to both orders. We concl... More...   $0 (01-17-2007 - AK)

Mary Thoeni was injured in a fall while at work in 2000. She continues to be paid benefits for the resulting knee injury, but the Alaska Workers' Compensation Board denied compensation for other claimed injuries and upheld several controversions of her benefits. Thoeni appeals these determinations. Because all but two are supported by substantial evidence, we affirm the board as to those dec... More...   $0 (01-12-2007 - AK)

One January day, Coca-Cola and other private sponsors supported a "Winter Olympics Torch Relay" in Juneau, Alaska. Students were released from school so that they could watch the Olympic torch pass by. Joseph Frederick, then an 18-year-old senior at Juneau-Douglas High School, never made it to school that morning because he got ... More...   $0 (03-14-2006 - AK)

Morris Johnson sued Columbia Properties Anchorage LP ("Columbia") for breach of contract in an Alaska state court, alleging, inter alia, that Columbia failed to pay for crane services he provided in connection with the construction of the Marriott Hotel in Anchorage. After Columbia removed the case, the federal district court denied Johnson's motion to remand and granted Columbia's motion... More...   $0 (02-16-2006 - AK)

This appeal presents the question whether harassing conduct directed at female employees may violate Title VII in the absence of direct evidence that the harassing conduct or the intent that produced it was because of sex. We hold that offensive conduct that is not facially sex-specific nonetheless may violate Title VII if there is sufficient circumstantial evidence of qualitative and qua... More...   $0 (09-03-2005 - AK)

In an action to collect on a judgment against Raymond Moore, TWS, Inc. obtained a charging order against his interest in a purported mining partnership with Joe B. Hall and subsequently purchased his interest at a foreclosure sale and sued to dissolve the partnership. The superior court found that, although Moore and Hall formed a partnership at will in 1990, the partnership was dissolved i... More...   $57508 (06-23-2005 - AK)

1 No custody or support issues are before us on ap... More...   $0 (01-31-2005 - AK)

The Huna Totem Corporation proposed a land exchange that became controversial and sparked a struggle for control of Huna's board of directors; the struggle ended in an unsuccessful superior court action against individual members of Huna's board. The pivotal issue on appeal is whether the superior court should have awarded nominal damages against the directors for violating two proxy disc... More...   $0 (01-23-2005 - AK)

II. FACTS A... More...   $0 (11-19-2004 - AK)