wrongful death claim (Alaska) · Go Syfert
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wrongful death claim in Alaska

6 Alaska opinions name it 1 courts 1986–2020 0 in the last five years

The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Wright v. Action Vending Company, Inc.green
alaska · 1975 · cited in 1 Alaska opinions naming this issue, 2020–2020
1 sentence

2020We have, for example, interpreted the phrase “on account of the injury” in AS 23.30.055 as barring a spouse’s loss of consortium claim against an employer because her claim resulted from her husband’s work-related injury for which he received compensation.12 If a death is work related and an employer has compensation coverage, the exclusive remedy provision generally bars the worker’s estate’s wrongful death claim against the employer.13 If an employer is uninsured, AS 23.30.055 permits “an injured employee or the employee’s legal representative in case death results from the injury [to] elect

11
Taylor v. Southeast-Harrison Western Corp.green
alaska · 1985 · cited in 1 Alaska opinions naming this issue, 2020–2020
1 sentence

2020Corp., 694 P.2d 1160, 1161 (Alaska 1985). -9- 7494 . . . for damages on account of the injury or death.” An uninsured employer is prohibited by AS 23.30.055 from asserting certain defenses, such as contributory negligence, in a civil suit.

11
State v. Jefferygreen
alaska · 2007 · cited in 1 Alaska opinions naming this issue, 2020–2020
1 sentence

2020We have, for example, interpreted the phrase “on account of the injury” in AS 23.30.055 as barring a spouse’s loss of consortium claim against an employer because her claim resulted from her husband’s work-related injury for which he received compensation.12 If a death is work related and an employer has compensation coverage, the exclusive remedy provision generally bars the worker’s estate’s wrongful death claim against the employer.13 If an employer is uninsured, AS 23.30.055 permits “an injured employee or the employee’s legal representative in case death results from the injury [to] elect

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Garrick v. Weaver green
ca10 · 1989
2 sentences

1995The court on remand may have to calculate the probable value of the wrongful death claim if prosecuted for the sole benefit of the parents. [19] In Garrick v. Weaver, 888 F.2d 687 (10th Cir.1989), Roberta Garrick was driving one of the automobiles involved in a collision.

1995In Garrick v. Weaver, 888 F.2d 687 (10th Cir. 1989), Roberta Garrick was driving one of the automobiles involved in a collision.

21995–1995
Juliano v. Angelini green
alaska · 1985
2 sentences

2020But the Board, and the Board alone, had jurisdiction to dismiss the workers’ compensation claim 65 AS 23.30.012(a). 66 Id. 67 AS 23.30.012(b). 68 AS 23.30.012(a). 69 Id. -24- 7494 against Welty, the Fund, and Michaelson.

2020But the Board, and the Board alone, had jurisdiction to dismiss the workers’ compensation claim 65 AS 23.30.012(a). 66 Id. 67 AS 23.30.012(b). 68 AS 23.30.012(a). 69 Id. -24- 7494 against Welty, the Fund, and Michaelson.

12020–2020
Norville v. Carr-Gottstein Foods Co. green
alaska · 2004
1 sentence

2020We have, for example, interpreted the phrase “on account of the injury” in AS 23.30.055 as barring a spouse’s loss of consortium claim against an employer because her claim resulted from her husband’s work-related injury for which he received compensation.12 If a death is work related and an employer has compensation coverage, the exclusive remedy provision generally bars the worker’s estate’s wrongful death claim against the employer.13 If an employer is uninsured, AS 23.30.055 permits “an injured employee or the employee’s legal representative in case death results from the injury [to] elect

12020–2020
Langfeldt-Haaland v. Saupe Enterprises, Inc. green
alaska · 1989
1 sentence

2003Langfeldt-Haaland v. Saupe Enters., Inc., 768 P.2d 1144 , 1146 & n. 23 (Alaska 1989) (stating that "an indigent person has no right to appointed counsel in most civil cases, although certain exceptions exist in the areas of termination of parental rights, child custody, paternity suits, and civil contempt proceedings”) (citations omitted). 17 .

12003–2003
Tommy's Elbow Room, Inc. v. Kavorkian green
alaska · 1986
1 sentence

1990Id. at 1049 .

11990–1990
Bond v. City of Huntington red
wva · 1981
1 sentence

1986Id.

11986–1986

Where else courts name it

OH 157 (1959–2025) IL 127 (1962–2026) TX 117 (1973–2026) CA 103 (1958–2026) NY 91 (1949–2025) LA 71 (1964–2024) MS 68 (1984–2026) GA 62 (1967–2024) MO 60 (1973–2024) FL 60 (1967–2025) AL 58 (1984–2025) MD 53 (1981–2025) PA 52 (1983–2025) IN 52 (1982–2025) AZ 38 (1965–2025) NM 37 (1970–2025) KY 36 (1990–2026) WA 34 (1974–2026) NC 33 (1971–2022) MI 32 (1969–2022) WI 32 (1979–2026) NJ 31 (1978–2024) TN 30 (1996–2026) OR 28 (1986–2026) WV 26 (1973–2021) CO 25 (1977–2026) IA 25 (1983–2026) MN 23 (1982–2024) MA 21 (1962–2024) CT 19 (1992–2022) KS 17 (1969–2026) AR 16 (1997–2022) VA 15 (1980–2024) SC 14 (2010–2025) UT 14 (1983–2025) MT 13 (1968–2013) OK 13 (1975–2024) SD 10 (1974–2022) ID 9 (1980–2024) WY 8 (1989–2021) ME 8 (1999–2025) HI 7 (1998–2025) AK 6 (1986–2020) DC 6 (1980–2006) RI 5 (1991–2019) ND 5 (1988–2019) NE 5 (1988–2024) NV 5 (1991–2023) DE 5 (1984–2021) VI 2 (2014–2016) VT 2 (2005–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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