Angela M. Parris v. The City of Kodiak

Personal Injury - Negligence - Anthony Belzer was injured by a splinter from playground equipment owned
and maintained by the City of Kodiak (Kodiak). Angela Parish, on her own
behalf and as Anthony's mother, sued Kodiak for negligence. Kodiak filed a
third-party complaint seeking equitable apportionment of damages
against Timberform, the manufacturer of the playground equipment.
Timberform is a trade name used by Columbia Cascade Timber Company (Columbia
Cascade). Kodiak's defense was that the playground equipment was either
defectively designed or improperly manufactured by Columbia Cascade.
Columbia Cascade answered and counterclaimed against Kodiak, asserting that
Kodiak's negligence was the sole cause of Anthony's injury.

Columbia Cascade moved for partial summary judgment. It argued that while
it could be found at fault, any monetary award against it would be time
barred because Kodiak had filed its third-party complaint more than three
years after the accident. Thus, it argued, were it found totally or
partially responsible for Anthony's injury, Anthony and his mother might
receive none or only a portion of their damages.

To avoid the possibility of losing a portion of her son's recovery, Angela
amended her complaint, dropping herself as an individual party and adding a
direct claim against Columbia Cascade on behalf of Anthony. Because Anthony
was a minor, his direct claim for monetary damages would not be time
barred.

Though Angela filed a direct claim against Columbia Cascade, she agreed
with Columbia Cascade at trial that no evidence of a defect existed. All of
Angela's evidence supported the conclusion that Kodiak's improper
maintenance of the playground equipment caused Anthony's injury. Likewise,
Columbia Cascade's main defense was that Kodiak's inadequate maintenance
was the sole cause of Anthony's injuries.

The jury found that Kodiak was 100 percent liable for Anthony's injuries.
Hence the jury did not apportion damages to either Angela or Columbia
Cascade.

Angela and Columbia Cascade then sought and were awarded a portion of
their costs and attorney's fees from Kodiak.

Unknown

Unknown

Affirmed by the Supreme Court of Alaska. See:___ P.2d ___ (Alaska 9-3-1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.