Alaska, August, 2002, State Case law

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State Courts - Alaska - August 30, 2002

Evans v. State, Supreme Court No. S-9313, No. 5618, SUPREME COURT OF ALASKA, August 30, 2002, Decided
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Overview: Tort reform legislation enacted in 1997 which, among other things, placed caps on noneconomic and punitive damages, was facially constitutional; the damages caps did not infringe on the right to a trial by jury or limit access to the courts.

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Gaede v. Saunders, Supreme Court No. S-10113, No. 5617, SUPREME COURT OF ALASKA, August 30, 2002, Decided
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Overview: Claimant, who was injured while working on an addition to the homeowners' home, was not an employee covered by the Alaska Workers' Compensation Act; project on which the claimant was working was not in connection with a business or industry.

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Garay v. State, Court of Appeals No. A-7902, No. 1823, COURT OF APPEALS OF ALASKA, August 30, 2002, Decided
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Overview: Where overlooked evidence was significant enough that it might reasonably have affected counsel's advice to defendant or might reasonably have affected defendant's decision to accept a plea bargain, defendant was allowed to withdraw his plea.

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Laidlaw Transit v. Crouse, Supreme Court No. S-9850/9869, No. 5619, SUPREME COURT OF ALASKA, August 30, 2002, Decided
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Overview: An employer was properly found to be vicariously liable for an employee's misconduct and subject to punitive damages, as the misconduct at issue occurred during the scope of the employment.

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Madden v. Alaska Mortg. Group, Supreme Court No. S-9428, No. 5621, SUPREME COURT OF ALASKA, August 30, 2002, Decided
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Overview: Original mortgagor's late payment on promissory note revived mortgage company's right to recover previously time-barred installments under deed of trust to same extent as it revived right to recover on underlying promissory note.

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McCoy v. State, Court of Appeals No. A-7789, No. 1822, COURT OF APPEALS OF ALASKA, August 30, 2002, Decided
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Overview: Under court rules, presentence investigator was able to review and use defendant's juvenile record in preparing presentence report in defendant's adult criminal case without first obtaining permission from the trial court.

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Midgett v. Cook Inlet Pre-Trial Facility, Supreme Court No. S-9948, No. 5620, SUPREME COURT OF ALASKA, August 30, 2002, Decided
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Overview: Inmate's constitutional claims were barred by collateral estoppel as he had already brought them up in federal court. Inmate's participation telephonically was not an abuse of discretion as the cost in transportation would have been substantial.

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Trapp v. State, Supreme Court No. S-10043, No. 5616, SUPREME COURT OF ALASKA, August 30, 2002, Decided
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Overview: Where ward sued State office appointed as her conservator, claiming that its employees had intentionally or negligently withheld funds, based on statute governing conservatorships, conservator was not shielded by absolute quasi-judicial immunity.

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Willoya v. Dep't of Corrections, Supreme Court No. S-10280, No. 5622, SUPREME COURT OF ALASKA, August 30, 2002, Decided
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Overview: The superior court properly dismissed the inmate's negligence claim against the State in the absence of medical testimony to contradict the State's experts. The inmate was not entitled to court-appointed counsel, experts, or a special master.

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