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Firm Litigation Summaries

Representative Cases

Attahir Karief, et al. v. Alexis Fernandez – 3AN-12-6099 CI: Wrongful death of 4 year old child. Pedestrian versus vehicle. Defense verdict with no liability for defendant.

Gordon Higby v. Elizabeth Harris and Alexis Harris - 3AN-11-10866 CI: Homeowner personal injury claim for pitbull dog attack. Jury finding 50 percent fault of injured party and awarding $22,000 payment by Defendants after reduction for fault.

Ettinger v. Kiessling - 3AN-11-8191 CI: Automobile accident, personal injury claim. Jury awarded $3,000 more than Defendant's offer.

Scheele v. Murphy - 3AN-10-12202 CI: Automobile accident, personal injury claim. Jury awarded Plaintiff $2.00.

Strait v. Schwandt - 3AN-09-8843 CI: Automobile personal injury accident. Defense verdict with no liability found for defendant.

Marsh v. Hazel Lorraine Joint Venture - 3AN-08-12763 CI: Maritime Jones Act/unseaworthiness claim. Back and neck surgery. Defense verdict at jury trial.

Aceves-Castellanos v. Merrick - 3AN-08-10577 CI: Automobile accident, personal injury claim. Complete defense verdict at trial.

Muhlhauser v. Dolphin - 3AN-08-6951 CI: Trip and fall, personal injury claim. Complete defense verdict at trial.

Schuller v. Chatham Electric, et al. - 1JU-08-580 CI: Automobile accident, personal injury claim. Complete defense verdict at trial.

Ledet v. Etheridge - 3AN-07-7478 CI: Automobile accident, personal injury claim including alleged traumatic brain injury. Damages were less than offer of judgment at trial.

Scroggs v. Powell - 3KN-07-988 CI: Trip and fall, personal injury claim. Complete defense verdict at trial.

Shears v. Hinger - 3AN-07-936 CI: Automobile accident, personal injury claim. Complete defense verdict at trial.

Pak v. Cross - 3AN-06-10840 CI: Personal injury suit against homeowner by tenant who pinched her fingers in garage door when she attempted to close it manually. Complete defense verdict at trial.

Mueller v. Buscemi and Estabrook, individually and as Trustee of the Michael Nafla A Irrevocable Trust - 3AN-05-4457 CI: Personal injury action from near slip and fall in the parking lot of a commercial property owned by Defendants. Complete defense verdict at trial.

Dixon v. City of Ketchikan - 1KE-05-427 CI: Automobile accident, personal injury claim. Damages were less than offer of judgment at trial.

Gessner v. Estate of Arlynne P. Doyle - 4FA-04-2330 CI: Estate sued for personal injury resulting from car accident. Plaintiff moved for directed verdict on liability and lost. Complete defense verdict at trial.

Elano v. Zimmerman - 3AN-04-00150 SC: Automobile accident, property damage, and personal injury claim. Liability contested based on dispute regarding traffic signals. Defense verdict on liability at trial. Judge tried case.

Mills v. Hoonah School District v. SERRC - Case No. 1JU-03-281 CI: Personal injury action arising from a student fight with another student. Student sued the school district which in turn sued Southeast Regional Resource Center (SERRC) and the psychologist employed by SERRC which were our clients. A three week jury trial resulting in a complete defense verdict for SERRC and the psychologist.

Cowan v. State of Alaska, DOT, Alaska Marine Highway System - 1KE-03-241 CI: Maritime personal injury action involving ankle injury sustained during a marine evacuation chute training exercise. Complete defense verdict at jury trial.

Mayes v. Blunck - 3AN-02-4654 CI: Personal injury suit by private vehicle owner due to significant t-bone accident resulting in back injuries to plaintiff and alleged in ability to work claimed by plaintiff's physical capacities, vocational rehabilitation, and treating physician experts. Liability admitted before trial. Successful verdict at jury trial for defense under offer of judgment resulting in total judgment of $1,000 for plaintiff.

Almeria Christiansen v. Kenny Christiansen and the City of Old Harbor - 3KO-02-262 CI: Civil wrongful death suit against private vessel owner and City of Old Harbor due to death at city dock from alleged negligent conditions of dock leading to drowning death. Firm represented private vessel owner. City through separate counsel settled. Complete defense verdict for private vessel owner at jury trial.

Turvey v. City and Borough of Sitka, Sitka Police Department and City and Borough of Sitka Assembly, et al. - 1SI-02-216 CI: Tort defamation and breach of employment contract claims filed by alleged former employee against city, assembly, and former chief of police. Settlement attempted but not reached. Successful complete defense verdict dismissing all claims at jury trial.

Godwin v. Pacific Rim Properties, Marston Properties, Checkmate Plaza Apartments - 3AN-01-9035 CI: Personal injury civil suit against property owner by residents due to fire and alleged improper exits from premises in violation of local codes. Successful allocation of fault to other responsible parties via jury trial.

Thomann v. Fouse - 4FA-01-236 CI: Automobile personal injury action due to head on collision resulting in head and back injuries to plaintiff allegedly preventing work in construction field. Successful verdict at jury trial at range of damages predicted.

Aumavae v. American Seafoods Co. - 3AN-99-5183 CI: Maritime personal injury action by crewmember due to alleged eye injuries/partial blindness resulting from failure to provide proper safety equipment for work. Successful verdict under amount of offer of judgment. Judge tried case.

Kasner v. Hogevoll - 3KO-99-123 CI: Personal injury claim by minor against vessel owner due to alleged negligent maintenance of vessel resulting in finger amputation of minor. Successful verdict at jury trial of $30,000 which was below offer of judgment resulting in minimal recovery by plaintiff.

Herndandez v. Jolly Rodgers Fisheries, Inc., et al. - A99-030 CI: Maritime personal injury suit due to alleged work place negligence resulting in significant back injuries allegedly preventing continued employment for plaintiff. Defense verdict on liability at trial. Judge tried case.

Bodzai v. Arctic Fjord, Inc. - 3AN-98-3151 CI: Maritime seaman's personal injury claim. Judge tried case.

Zellin v. Aleutian Mariner - A907-306 CI: Maritime personal injury suit due to alleged work place negligence resulting in significant back injuries allegedly preventing continued employment for plaintiff. Defense verdict on liability at trial. Judge tried case.

Whitesides v. U-Haul Company of Alaska - 3AN-97-6859 CI: Wage and hour employment suit involving demand for additional overtime wages by employee against defendant. Complete defense verdict dismissing wage claims at jury trial.

Young v. Fugate - 4FA-97-2533 CI: Personal injury resulting from car accident. Liability admitted. Damages were less than offer of judgment at jury trial.

Tomecki v. Golden Alaska Seafoods - 3AN-96-9897 CI: Maritime personal injury action resulting in ankle and leg injuries allegedly preventing plaintiff's return to work in commercial fishing. Defense verdict on medical causation at trial resulting in no judgment at trial. Judge tried case.

Karpinski v. Nakamoto - 3AN-96-3301 CI: Civil personal injury suit against property owner due to slip and fall on stairway. Defense verdict on liability at jury trial.

Barney v. McKracken and Key Properties of Alaska, Inc. - 3AN-96-2541 CI: Automotive/motorcycle personal injury accident resulting in substantial personal injuries to plaintiff by vehicle driver. Firm represented vehicle driver's employer in disputed scope of employment issues. Defense verdict on liability for employer at jury trial finding driver not in scope of employment.

Houghton v. Wirum - 3AN-95-9857 CI: Personal injury action arising from fall in parking lot. Complete defense verdict at jury trial.

Chicklo v. Holy Rosary Academy - 3AN-95-8864 CI: Personal injury action by two seven year old minors for negligence supervision on playground allegedly leading to frostbite and other injuries to minors. Complete defense verdict at jury trial.

Davis v. Neel - 3AN-95-1343 CI: Personal injury action for alleged carbon monoxide poisoning from heating system in rental property. Complete defense verdict at jury trial.

DeWitt v. Campbell Village Condominium Association - 3AN-95-1511 CI: Personal injury action arising from slip and fall on entry way. Complete defense verdict at jury trial.

Whaley v. Cottonwood Creek Mall - 3PA-95-834 CI: Personal injury action alleging head injury resulting from slip and fall. Complete defense verdict at jury trial.

Coulson v. Anderson-Brunton - 3AN-94-3614 CI: Employment tort and breach of contract claims. Complete defense verdict at jury trial.

Tuerpe v. F/V POLAR WIND - A94-0028 CI: Seaman's personal injury case. Complete defense verdict. Judge tried case.

The Fishing Company of Alaska v. Rowles - A94-243 CI: Maritime subrogation claim against crewmember due to fraudulent presentation of claim and counterclaim by crewmember for personal injuries allegedly resulting from work aboard vessel. Successful jury verdict against crewmember awarding damages for fraud and dismissing personal injury claims.

Published cases:

Estate of Mickelsen v. North-Wend Foods, Inc. and S&S Properties, LLC, 274 P.3d (Alaska S. Ct. 2012)

Mueller v. Buscemi, 230 P.3d 1153 (Alaska S. Ct. 2010)

Contact

Farley & Graves, P.C.

807 G Street, Suite 250
Anchorage, AK 99501
Phone: 907-274-5100
Fax: 907-274-5111
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