Alaska Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Alaska or Court of Appeals of Alaska where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Cikan v. ARCO Alaska - 12/16/2005
No. 5967 Before: Bryner, Chief Justice, Matthews, Fabe, and Carpeneti, Justices. [Eastaugh, Justice, not participating.] FABE, Justice, dissenting. I. INTRODUCTION Eight and a half years after injuring herself...

Gilbert v. Sperbeck - 12/9/2005
No. 5964 Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices. I. INTRODUCTION After Lois Gilbert arbitrated a dispute with her insurer, State Farm Insurance Company, she sued the...

Abood v. Abood - 9/2/2005
No. 5937 Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices. MATTHEWS, Justice, with whom FABE, Justice, joins, concurring. I. INTRODUCTION Patrick and Kimberly Abood both appeal...

Hymes v. DeRamus - 8/26/2005
No. 5936 Before: Bryner, Chief Justice, Eastaugh, Fabe, and Carpeneti, Justices. [Matthews, Justice, not participating.] I. INTRODUCTION Pro se plaintiffs Donald and Rita Hymes sued medical personnel associated with...

In re Estate of Maldonado - 7/22/2005
No. 5926 Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices. I. INTRODUCTION We granted review to determine whether a surviving spouse's wrongful death proceeds should be included...

Rockney v. Boslough Construction Co. - 5/27/2005
No. 5899 Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices. I. INTRODUCTION This appeal arises from the Alaska Workers' Compensation Board's approval of a vocational reemployment plan...

Akaran v. State - 5/4/2005
No. 4984 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. MANNHEIMER, Judge, concurring. Allen Charlie Akaran was convicted of second-degree assault for attacking his girlfriend, S.P.. During this...

Bailey v. Texas Instruments - 4/22/2005
No. 5889 I. INTRODUCTION In 1997, 1999, and 2001, Walter Bailey filed workers' compensation claims for medications to treat a work-related back injury. His employer, Geophysical Services, contested the claims, and the...

State Farm Mutual Automobile Insurance Co. v. Dowdy - 4/22/2005
No. 5891 I. INTRODUCTION In this petition for review, we address whether an arbitrator should decide two disputed insurance coverage issues. This matter arises in the context of an insurance policy's arbitration clause...

In re Disciplinary Matter Involving Hanlon - 4/15/2005
No. 5887 I. INTRODUCTION The Alaska Bar Association Disciplinary Board recommended suspending James J. Hanlon for three years for misconduct that included knowingly providing misleading information to a client and bar...

Clement v. Fulton - 4/8/2005
No. 5883 FABE, Justice, dissenting. I. INTRODUCTION Mary Fulton died several days after a hospital allegedly failed to diagnose and treat her medical condition, leukemia. She was survived by her husband and two...

Phillips v. Gieringer - 3/11/2005
No. 5878 I. INTRODUCTION Traci Phillips was involved in an automobile accident with Carl Gieringer, who was insured under the same State Farm auto insurance policy as his father, Robert Gieringer. After some negotiation...

McGrew v. State - 2/4/2005
No. 5866 I. INTRODUCTION Grandparents of an orphaned child sued the State of Alaska, claiming that it prevented them from adequately litigating their interests in child-in-need-of-aid (CINA) and adoption proceedings...

City of Bethel v. Peters - 9/3/2004
No. 5829 I. INTRODUCTION This appeal of a jury verdict in a tort suit against the City of Bethel presents the question whether recommendations for action contained in a post-accident report are excludable as subsequent...

Sisters of Providence in Washington v. A.A. Pain Clinic - 12/19/2003
Sisters of Providence in Washington, d/b/a Providence Hospital Anchorage ("Providence"), entered into an exclusive contract with Providence Anchorage Anesthesia Medical Group ("the Group") for chronic pain management services. Leon...

Williams v. Engen - 12/5/2003
I. INTRODUCTION Alaska Civil Rule 27 gives a court limited powers to order production of evidence for a legal action that has not yet been filed. The rule has usually been read to allow early production only to preserve...

Freitas v. Alaska Radiology Associates - 11/14/2003
I. INTRODUCTION Donna and Daniel Freitas sued Alaska Radiology Associates, Inc. and Dr. Janice M. Anderson, alleging that they committed medical malpractice in 1996 by failing to detect cancerous lesions depicted on Donna...

K & K Recycling - 11/14/2003
I. INTRODUCTION K&K;Recycling, Inc. contracted with Alaska Gold Company (AGC) to remove a gold dredge from AGC's land in Chicken. AGC assigned the contract to George Seuffert. After K&K;removed the dredge despite...

Richard B. v. State - 6/13/2003
No. 5703 I. INTRODUCTION In a termination of parental rights case, the father whose rights were terminated charges that there was a conflict of interest because the children's mother was represented by a firm that had...

Wyatt v. Wyatt - 3/7/2003
No. 5671 I. INTRODUCTION Having appealed his first-degree murder conviction for the death of his wife, Ronald Wyatt obtained a stay of the wrongful death civil lawsuit his late wife's estate brought against him. In...

Getchell v. Lodge - 2/28/2003
No. 5668 - February 28, 2003 I. INTRODUCTION When Barbara Lodge saw a moose in her lane of traffic, she braked and skidded on ice into the oncoming lane of traffic, causing a collision with Joyce Getchell's car. Getchell...

Zaverl v. Hanley - 2/14/2003
[No. 5665 - February 14, 2003] I. INTRODUCTION Margaret Zaverl's estate sued her surgeon and her pulmonologist, alleging that they negligently diagnosed and failed to treat her aortobronchial condition in 1994, causing...

Crosby v. Hummell - 2/7/2003
No. 5664 I. INTRODUCTION Sherie Crosby appeals from a judgment denying her claim for the wrongful death of her fifteen-year-old son, who was fatally injured in an accident while driving a friend's mother's car. Crosby...

Kodiak Island Borough v. Roe - 2/7/2003
No. 5663 I. INTRODUCTION A civil jury found two Kodiak Island Borough employees liable for intentional torts they committed against a resident at a borough- operated facility for developmentally disabled women. The jury...

J.R. v. State - 1/31/2003
No. 1850 On February 19, 1997, Evan Ramsey took a shotgun to Bethel Regional High School and murdered the principal, Ron Edwards, and a fellow student, Josh Palacios. After an extensive investigation, the State discovered...

Marsingill v. O'Malley - 11/22/2002
[No. 5643 - November 22, 2002] I. INTRODUCTION One night several months after having stomach surgery, Vicki Marsingill called her surgeon, Dr. James O'Malley, complaining of abdominal pain and nausea. Dr. O'Malley advised...

Ball v. Birch - 9/27/2002
[No. 5634 - September 27, 2002] I. INTRODUCTION A law firm's clients sued the firm. They claimed, among other things, that the firm was negligent in negotiating a commercial transaction and preparing transactional...

Midgett v. Cook Inlet Pre-trial Facility - 8/30/2002
No. 5620 I. INTRODUCTION While awaiting sentencing as a federal prisoner at Cook Inlet Pretrial Facility, Abraham L. Midgett, III got into a fight with another inmate. During the melee, Midgett broke his ankle. He sued...

Willoya v. State - 8/30/2002
No. 5622 I. INTRODUCTION Bryan Willoya was incarcerated at Spring Creek Correctional Center when he was diagnosed with ulcerative colitis that required surgery. Willoya brought a negligence claim against the State of...

Hinsberger v. State - 8/23/2002
No. 5609 I. INTRODUCTION Daniel Hinsberger brought suit against the State of Alaska for medical negligence and negligent infliction of emotional distress (NIED) for treatment Hinsberger received while incarcerated. The...

In re S.H. - 8/9/2002
No. 5604 I. INTRODUCTION S.H. was adjudged to be in need of a special conservator in 1997 regarding litigation he was pursuing against Anchorage Refuse, Inc. After we affirmed the appointment of a conservator in 1999,...

Bauder v. Alaska Airlines - 8/2/2002
No. 5603 The judgment of the superior court affirming the underlying decisions of the Alaska Workers' Compensation Board is AFFIRMED for the reasons expressed in the attached opinion of the superior court. APPENDIX ...

Wold v. Progressive Preferred Insurance Company - 8/2/2002
As amended August 20, 2002. CYNTHIA WOLD, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HEIDI WOLD, APPELLANT, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, APPELLEE. Appeal from the Superior Court of the...

Dougan v. Aurora Electric Inc. - 6/28/2002
No. 5591 I. INTRODUCTION Randy S. Dougan sustained work-related injuries during his employment with Aurora Electric. The Alaska Workers' Compensation Board heard and resolved his claims. Dougan appealed the board's...

Cook v. Rowland - 6/21/2002
No. 5586 CARPENETI, Justice, with whom EASTAUGH, Justice, joins, concurring and dissenting. BRYNER, Justice, concurring. FABE, Chief Justice, with whom MATTHEWS, Justice, joins, concurring in part and dissenting in...

Twiggs v. Municipality of Anchorage - 6/19/2002
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of...

Kava v. American Honda Motor Co. - 6/14/2002
No. 5582 I. INTRODUCTION Patsy Kava, as the personal representative of the estate of Abner Gologergen, appeals from a jury verdict in a wrongful death defective products action resulting from a three-wheel ATV accident....

Kallstrom v. United States - 3/15/2002
No. 5553 I. INTRODUCTION We accepted certification in this case to decide whether a Negligent Infliction of Emotional Distress (NIED) cause of action exists under Alaska law for a plaintiff who becomes a participant in...

Kessey v. Frontier Lodge - 3/1/2002
No. 5541 I. INTRODUCTION Gabriel Kessey sued Frontier Lodge and others alleging that they negligently served alcohol to an intoxicated driver who later drove his truck into a car occupied by Kessey. Frontier Lodge moved...

J.R. v. State - 1/31/2002
On February 19, 1997, Evan Ramsey took a shotgun to Bethel Regional High School and murdered the principal, Ron Edwards, and a fellow student, Josh Palacios. After an extensive investigation, the State discovered evidence that J.R....

Helgason v. Merriman - 12/7/2001
I. INTRODUCTION Clara Helgason died testate in 1998. Her will named Thomas Merriman as the personal representative, and the superior court appointed him as such. Helgason's heirs, her sons Leonard Helgason and Ken Wood, sought...

Rhines v. State - 9/21/2001
I. INTRODUCTION Kristi Rhines appeals the denial of her claim for occupational disability benefits under the Public Employees' Retirement System. Rhines worked as an administrative assistant for the University of Alaska...

Lynden Inc. v. Walker - 9/14/2001
No. 5468 I. INTRODUCTION Lynden Logistics appeals a judgment entered against it in a personal injury suit brought by James Walker. Lynden argues that the trial court erred in not granting Lynden summary judgment because...

Beaux v. Jacob - 9/7/2001
No. 5463 I. INTRODUCTION The superior court awarded damages to purchasers of a home after finding that the sellers violated the Disclosures in Residential Real Property Transfers Act. We hold that it did not clearly err...

Choi v. Anvil - 9/7/2001
No. 5465 I. INTRODUCTION Jun E. Choi rear-ended another car with his taxi cab. Plaintiffs injured in the collision sued Choi to recover their damages and prevailed following a jury trial. Choi appeals, contending that the...

Magill v. Nelbro Packing Co. - 8/31/2001
No. 5459 I. INTRODUCTION Fishers and a fish packing company discussed a possible arrangement for compensating the fishers for roe herring they were to deliver to the packing company. When the fishers sued for damages, the...

Robles v. Shoreside Petroleum - 8/31/2001
No. 5457 FABE, Justice, concurring in part and dissenting in part. I. INTRODUCTION Gary Robles, the operator of a Seward gas station, was seriously injured when a propane tank he was filling for a customer exploded....

Nickels v. Napolilli - 8/17/2001
No. 5454 I. INTRODUCTION Ruth Nickels performed farm chores for Noel and Nancy Napolilli in exchange for living in a cabin on their property and some monetary compensation. While she lived in this cabin, Nickels injured...

Glamann v. Kirk - 8/17/2001
No. 5450 I. INTRODUCTION David Glamann was injured when Gloria (Caler) Kirk's automobile rear-ended his automobile. Kirk admitted negligence but disputed the extent of her liability. Glamann did not respond to Kirk's...

Loncar v. Gray - 8/17/2001
No. 5451 I. INTRODUCTION Kala Loncar contends that evidentiary decisions in her personal injury trial were prejudicial to her case and resulted in an inadequate jury award. She argues that the superior court erred by...

Waldroup v. Lindman - 8/10/2001
No. 5448 I. INTRODUCTION The insurer of a chiropractor's patient denied payment for treatment the insurer considered unreasonable and unnecessary. It offered to defend the patient if the chiropractor sued her for payment....

Savage Arms - 3/2/2001
Petition for Review from the Superior Court of the State of Alaska, Third Judicial District, Kenai, Jonathan H. Link, Judge. I. INTRODUCTION Can a corporation that purchases assets of the manufacturer of a rifle sold in...

Smith v. Ingersoll-Rand Co. - 12/29/2000
[No. 5353 - December 29, 2000] Certified Question from the United States District Court for the District of Alaska, James K. Singleton, Judge. I. INTRODUCTION Dan Smith suffered permanent injuries after an air...

Makarka v. Great American Insurance Co. - 12/22/2000
[No. 5348 - December 22, 2000] Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Rene Gonzalez, Judge. I. INTRODUCTION Great American Insurance Company refused to defend or...

Martinez v. Ha - 11/17/2000
[No. 5332 - November 17, 2000] INTRODUCTION Arthur Martinez appeals the superior court's grant of summary judgment to Dr. Young H. Ha on Martinez's claims of medical malpractice and failure to obtain informed consent....

Nichols v. State Farm Fire and Casualty Company - 8/11/2000
[No. 5304 - August 11, 2000] Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, John Reese, Judge. I. INTRODUCTION Dallas Nichols sued his neighbor's insurance company for...

P.G. v. State - 6/30/2000
[No. 5294 - June 30, 2000] Appeal from the Superior Court of the State of Alaska, Third Judicial District, at Kenai, Harold M. Brown, Judge. I. INTRODUCTION Penny and Richard Green sued the Division of Family and...

Trombley v. Starr-Wood Cardiac Group - 6/16/2000
No. 5288 Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Peter A. Michalski, Judge. I. INTRODUCTION Barbara and Dale Trombley sued Starr-Wood Cardiac Group and its...

Gerber v. Juneau Bartlett Memorial Hosptial - 5/19/2000
[No. 5276 - May 19, 2000] Appeal from the Superior Court of the State of Alaska, First Judicial District, Juneau, Larry R. Weeks, Judge. I. INTRODUCTION Mark Gerber brought a medical malpractice claim against Juneau...

D.P. v. Wrangell General Hospital - 5/19/2000
[No. 5274 - May 19, 2000] Appeal from the Superior Court of the State of Alaska, First Judicial District, Wrangell, Larry C. Zervos, Judge. CARPENETI, Justice, dissenting. I. INTRODUCTION D.P. was diagnosed...

Lloyd's & Institute of London Underwriting Companies v. Fulton - 5/12/2000
O P I N I O N [No. 5271 - May 12, 2000] Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Dana Fabe, Judge, Pro Tem. EASTAUGH, Justice, dissenting. I. INTRODUCTION ...

C.P. v. Allstate Insurance Company - 3/3/2000
OPINION No. 5245 I. INTRODUCTION The adult son of homeowners assaulted a child visiting their home. The child and her parents sued the homeowners, claiming they negligently caused her injuries. Invoking exclusions for...

Barrett v. ERA Avaition - 2/25/2000
[No. 5242 - February 25, 2000] Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Dan A. Hensley, Judge. MATTHEWS, Chief Justice. CARPENETI, Justice, with whom BRYNER,...

Law Offices of Steven D. Smith v. Borg-Warner Security Corp. - 12/23/1999
[No. 5222 - December 23, 1999] Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, John Reese, Judge. I. INTRODUCTION This is the fourth appeal to arise from a 1986 airplane...

Sherbahn v. Kerkove - 9/17/1999
Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Peter A. Michalski, Judge. I. INTRODUCTION Gregory Kerkove sued David Sherbahn and Sherbahn's employer, Spenard Builders Supply...

Flynn v. E. I. di Pont de Nemours - 9/17/1999
Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Bethel, Dale O. Curda, Judge. I. INTRODUCTION After settling his products liability claim, Paul Flynn moved for modification of a protective...

Pugliese v. Perdue - 9/3/1999
[No. 5169 - September 3, 1999] Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Richard D. Savell, Judge. I. INTRODUCTION Ralph Perdue backed his pickup truck into Robert...

West v. Buchanan - 6/11/1999
No. 5134 Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Niesje J. Steinkruger, Judge. EASTAUGH, Justice, with whom COMPTON, Justice, joins, Dissenting. I. INTRODUCTION ...

Bockness v. Brown Jug Inc. - 5/28/1999
Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Peter A. Michalski, Judge. I. INTRODUCTION Ray Bockness appeals the partial denial of workers' compensation benefits for a...

Dena' Nena' Henash v. Ipalook - 5/21/1999
Supreme Court Nos. S-8248/8268 Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Jay Hodges, Judge. I. INTRODUCTION Catherine Ipalook filed a claim for unpaid overtime and...

White v. Harvey - 5/21/1999
Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Mary E. Greene, Judge. PER CURIAM The judgment is AFFIRMED for the reasons expressed in Judge Greene's decision set forth in the...

Andrus v. Lena - 3/26/1999
No. 5098 Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Brian C. Shortell, Judge. I. INTRODUCTION Perparim Lena received a $39,000 jury verdict against Amy Andrus for a...

Falconer v. Adams - 3/26/1999
No. 5096 Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Ralph R. Beistline, Judge. MATTHEWS, Chief Justice, with whom EASTAUGH, Justice, joins, Dissenting, in part. Karla...

McGee v. McGee - 3/12/1999
I. INTRODUCTION The decree dissolving Debra and Ken McGee's marriage said nothing about possible individual fishing quotas (IFQs) and quota shares. When an IFQ program was implemented soon after the dissolution, Ken applied for...

State v. Coon - 3/5/1999
[No. 5091 - March 5, 1999] Petition for Hearing from the Court of Appeals of the State of Alaska, on appeal from the Superior Court of the State of Alaska, Third Judicial District, Palmer, Beverly W. Cutler, Judge. FABE,...

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