[See endnote 1.]
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
FOURTH JUDICIAL DISTRICT AT BETHEL
BETTY EVANS, on her own behalf and
the behalf of her minor son, DAVID
"BUDDY" KUTCH, JR.; SHARON CROSS,
on her own behalf and the behalf
of her minor daughter, LARONSIA
CROSS; RAYMOND NEALY, SR.; and
LILLIAN A. WOOD, Plaintiffs,
vs.
STATE OF ALASKA, Defendant.
Case No. 4BE-98-32 Civil
MEMORANDUM OPINION AND JUDGMENT
In the mid 1970's, many state legislatures responded to a perceived "medical malpractice
on. Alaska's version was enacted by the 1976 legislature and codified as AS 09.55.530-.560. A
any state legislatures in 1986, and Alaska's legislature again joined many others by enacting the
SNIPPETS:
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
STATE OF ALASKA, Defendant.
MEMORANDUM OPINION AND JUDGMENT
many state legislatures responded to a perceived "medical malpractice crisis" by passing
A second nationwide "insurance crisis" was recognized by many state legislatures in 1986, and
This Act modified the 1976 legislation in many respects, and initiated the transition from a
Thus, according to one commentator, the legislature had "little ground left to cover" when it
encourage the efficiency of the civil justice system by discouraging frivolous litigation and
provide for reasonable, but not excessive, punitive damage awards against tortfeasors
In its effort to achieve these goals, the legislature further modified Alaska's system of
The plaintiffs in this declaratory judgment action all claim that they have been or will
Lillian A. Wood, also an adult, was injured in an accident on January 2, 1998, and seeks to
They believe, as counsel urged during oral argument, that their constitutional right to trial
The statute considered by the Supreme Court in that case authorized an award of noneconomic
Feltner, in other words, did not question the legislature's authority to establish a cap on
Plaintiffs attack these limitations as violative of the right to jury trial, Alaska Const.
1, 16, equal protection, Alaska Const.
I, 7, the Alaska Supreme Court's rule-making authority, Alaska Const.
Gilmore v. Alaska Workers' Compensation Board, 882 P.2d 922, 926, quoting Alaska Pacific
Limitation of Punitive Damages.
Plaintiffs claim an inability to understand this provision.
Historically, the Alaska Supreme Court has been extremely deferential in its application of
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