Alaska, June, 2004, State Case law | lexisONE® Community

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State Courts - Alaska - June 25 - June 30, 2004

Cowen v. Wal-Mart, Supreme Court No. S-10836, No. 5821, SUPREME COURT OF ALASKA, June 25, 2004, Decided
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Overview: Where employee claimed her employment had caused her breast implant to deflate, workers' compensation board did not err in giving less weight to employee's doctor's opinion, as he was a family practitioner with less experience with breast implants.

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Fyffe v. Wright, Supreme Court No. S-10726, No. 5819, SUPREME COURT OF ALASKA, June 25, 2004, Decided
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Overview: In a landlord-tenant dispute, a landlord gave several items of personal property away to charity when tenants vacated the property. Superior court did not err in offsetting award to tenants by amount of back rent owed, or in calculating damages.

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Kinzel v. Discovery Drilling, Inc., Supreme Court No. S-10190, No. 5820, SUPREME COURT OF ALASKA, June 25, 2004, Decided
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Overview: Where there was evidence that adverse employment decision was made against laborer due to his filing of an OSH report and worker's compensation claim, protected activities, jury should have been given a mixed-motive instruction.

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Kinzel v. Discovery Drilling, Inc., Supreme Court No. S-10190, No. 5820, SUPREME COURT OF ALASKA, June 25, 2004, Decided
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Peterson v. Ek, Supreme Court No. S-10535, No. 5818, SUPREME COURT OF ALASKA, June 25, 2004, Decided
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Overview: An order to compel contractor to disclose his father's address was proper, as boat owner stated that contractor had discussed their contract with his father, and father might have been able to provide owner with relevant and admissible evidence.

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State v. Public Safety Emples. Ass'n, Supreme Court No. S-10698, No. 5823, SUPREME COURT OF ALASKA, June 25, 2004, Decided
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Overview: The State refused to defend two correctional officers in litigation. Because legal indemnification was a mandatory subject of collective bargaining, it was subject to grievance-arbitration procedure, but union could waive the right to grieve.

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Varilek v. City of Houston, Supreme Court No. S-10814, No. 5822, SUPREME COURT OF ALASKA, June 25, 2004, Decided
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Overview: Because property owner's access to legal system was contingent on payment of borough's administrative fees, absolute requirement thereon, without a process for waiver upon a showing of indigency, would have violated right to procedural due process.

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Dollison v. State, Court of Appeals No. A-8453, No. 4891, COURT OF APPEALS OF ALASKA, June 30, 2004, Decided
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Overview: In a burglary and robbery case, the trial judge reasonably rejected defendant's exculpatory mitigating factors during sentencing, as the evidence showed that defendant was the motivating force behind the robbery.

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Gibbs v. State, Court of Appeals No. A-8627, No. 4889, COURT OF APPEALS OF ALASKA, June 30, 2004, Decided
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Overview: Trial judge did not err in finding an aggravating factor that defendant should have known that the person she assaulted was a particularly vulnerable victim, as the evidence showed that the victim was 78-years-old and incapable of resistance.

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Parker v. State, Court of Appeals No. A-8370, No. 4890, COURT OF APPEALS OF ALASKA, June 30, 2004, Decided
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Overview: A state trooper was justified in stopping the driver of a vehicle that was sitting in a ditch beside the road, facing the wrong way. Defendant was not entitled to Miranda warnings, because he was in temporary custody.

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