STATE DEPT. OF NATURAL RESOURCES v HINKLE


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Keywords & Phrases

CourtCode: SU, CourtName: Superior Court, District: Third, JudgeName: Michael Wolverton, Plaintiff: STATE DEPT. OF NATURAL RESOURCES, State: AK Alaska, UniqueCaseRef: AK>SU>63, Hinkles, Third-party Complaint, Alaska, Party, Summary Judgment, Motion, Immunity, Third Party, Environment, Cleanup, Mike Munger, Civil, Cost, Employees, Absolute Immunity, Allegations, Greg Horner, Contamination, Defamation, Rich Sundet, Commissioner, Tort Action, Scott Pexton, Jim Frechione, Opposition Thereto, Seeking Reimbursement, Investigating , ContentID: 120239537

Case Documents

1998-09-03

ESTABLISHED IN THE PRE-ARBITRATION ORDER; (5) PROGRESSIVE DID NOT ASSERT THE WORKERS COMPENSATION OFFSET IN ITS AUGUST 22 1997 RESPONSE TO REQUESTS FOSTATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, PLAINTIFF
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1 . ESTABLISHED IN THE PRE-ARBITRATION ORDER; (5) PROGRESSIVE DID NOT ASSERT THE WORKERS COMPENSATION OFFSET IN ITS AUGUST 22 1997 RESPONSE TO REQUESTS FOSTATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, PLAINTIFF,

EXTRACTED KEY WORDS

THIRD-PARTY COMPLAINT
DEFENDANTS
ALASKA
PARTY
SUMMARY JUDGMENT
COURT
MOTION
IMMUNITY
THIRD PARTY
ENVIRONMENT
CLEANUP
PLAINTIFF
MIKE MUNGER
CIVIL
COST
EMPLOYEES
ABSOLUTE IMMUNITY
ALLEGATIONS
GREG HORNER
CONTAMINATION
DEFAMATION
RICH SUNDET
COMMISSIONER
TORT ACTION
SCOTT PEXTON
JIM FRECHIONE
OPPOSITION THERETO
SEEKING REIMBURSEMENT
INVESTIGATING


IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE

STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Plaintiff,

v.

GARY C. HINKLE and JUDITH A. HINKLE, Defendant.

GARY C. HINKLE AND JUDITH A. HINKLE, Third Party Plaintiffs,

v.

DON FRITZ, MIKE MUNGER, RICH SUNDET,
RON KLEIN, LYNN KENT, SCOTT PEXTON, JIM FRECHIONE,
GREG HORNER, AND ECOLOGY & ENVIRONMENT, INC.,Third Party Defendants.

Case No. 3AN-97-1618 Civil

ORDER

I. Introduction

Before the court is a Motion for Summary Judgment on the third party complaint and Gary and Judith
is a motion by Ecology & Environment Incorporated (E & E) and Greg Horner to dismiss the

The Hinkles own property which is the subject of the complaint in this case filed by the State of
osts it incurred in investigating and cleaning the property pursuant to AS 46.080.070. The Hinkles'
 & E Inc., and Greg Horner as third-party defendants. The third-party defendants have moved for
laims against them.

SNIPPETS:

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE

STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Plaintiff,

DON FRITZ, MIKE MUNGER, RICH SUNDET, RON KLEIN, LYNN KENT, SCOTT PEXTON, JIM FRECHIONE, GREG

Before the court is a Motion for Summary Judgment on the third party complaint and Gary and

Also before the court is a motion by Ecology & Environment Incorporated and Greg Horner to

The Hinkles own property which is the subject of the complaint in this case filed by the

The Hinkles' third-party complaint names seven DEC employees, E & E Inc., and Greg Horner as

On June 25, 1997, DEC commenced a State-led response action upon a determination by the

DEC eventually asserted state control of the cleanup and had E & E draft a separate plan.

* Five of the DEC employees-- Mike Munger, Don Frietz, Rich Sundet, Scott Pexton and Jim

Rich Sundet provided direct line supervision to the project managers assigned to the River

Alaska Civil Rule 56; Adams v.

A motion to dismiss under Alaska Civil Rule 12for failure to state a claim upon which relief

The third-party defendants argue that they are entitled to summary judgment because the

Many of the nine counts of the third-party complaint fail to state a recognized tort action,

The seventh count is for "defamation of character and reputation."

This factor weighs heavily in favor of absolute immunity for all of the counts of the


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