Farley & Graves, P.C.

Firm Litigation Summaries

REPRESENTATIVE TRIALS

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

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

Coleen L. Mueller v. Lottie Marie Buscemi and Geraldine 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.

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 jury trial. 

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.  

Mills v. Hoonah School District v. SERRC, Case No. 1JU-03-281.
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. 

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.

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.

Wyoming Mayes v. Nancy Blunck - 3AN-02-4654 CI:  Personal injury civil suit by private vehicle owner due to significant t-bone accident resulting in back injuries to plaintiff and alleged inability 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.

Paul Godwin v. Pacific Rim Properties, Inc., 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.

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.

Sabrina Bryant v. Northern Lights Condominium Association and Hoffmann Commercial Inc. - 3AN-02-7750 CI:  Civil personal injury claim for slip and fall on snow and ice at commercial premises allegedly resulting in back injuries rendering plaintiff unable to work and engage in recreational activities.  Defense verdict dismissing all claims at jury trial.

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.

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.

Karpinski v. Nakamoto - 3AN 96-03301 CI:  Civil personal injury suit against property owner due to slip and fall on stairway.  Defense verdict on liability at jury trial.

Hernandez 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.

Zellin v. Aleutian Mariner - A97-306 CIV:  Maritime personal injury involving significant bilateral shoulder injuries preventing plaintiff’s return to work in commercial fishing.  Defense verdict on medical causation at trial resulting in no judgment awarded to plaintiff.  Judge tried case.

Tomecki v. Golden Alaska Seafoods - 3AN-96-9897 CI:  Maritime personal injury action resulting in ankle and leg injuries allegedly preventing continued employment for plaintiff.  Liability disputed.  Directed verdict on liability for defense at trial resulting in complete dismissal of all claims.  Judge tried case.

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.

The Fishing Company of Alaska v. Rowles – A94-243 CIV:  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.

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.

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

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.

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

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

Koob v. Knutsen et al. – 3AN-97-1243 CI:  Maritime seaman’s personal injury claim.  Judge tried case.

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.

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

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

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.

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


PUBLISHED CASES

  1. Christiansen v. Christiansen, 152 P.3d 1144 (Alaska S. Ct. 2007)

  2. Mahan v. Arctic Catering, Inc., 133 P.3d 655 (Supreme Court of Alaska 2006)

  3. Kirk v. Demientieff and United Companies , 145 P.3d 512 (Alaska S. Ct. 2006)

  4. Thomann v. Fouse , 93 P. 3d 1048 (Alaska S. Ct. 2004)

  5. DeNardo v. ABC Inc. RVs Motorhomes, 51 P. 3d 919 (Alaska S. Ct. 2002)

  6. Whitesides v. U-Haul Co. , 16 P. 3d 729 (Alaska S. Ct. 2001)

  7. Orsini v. O/S Seabrooke , 247 F. 3d 953 (9 th  Cir. 2001)

  8. Gapay v. Q & S Enterprises , 133 F. Supp. 2d 1139 (D. Alaska 2000)

  9. Coulson v. Marsh & McLennan, Inc. , 973 P. 2d 1142 (Alaska S. Ct. 1999)

 


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