Pralle v. Milwicz

324 P.3d 286 (Alaska 2014) · Alaska Supreme Court · May 9, 2014 · No. S-14881

Summary

The Alaska Supreme Court affirmed a judgment for Jessica Milwicz in a personal-injury action arising from a rear-end collision. The court held that sufficient evidence supported the jury’s finding that Milwicz’s negligence was not a substantial factor in causing Justin Pralle’s injuries, and that the superior court did not abuse its discretion in ruling on juror challenges or expert testimony. The court also declined to address a claimed jury-instruction error because the record showed that the instruction had been given.

Holdings

  1. The evidence was sufficient to support the jury's finding that defendant's negligence was not the cause of plaintiff's injuries.
  2. The superior court did not abuse its discretion in denying the challenges for cause, because the jurors provided good faith statements that they could set aside their biases and be fair.
  3. The superior court did not abuse its discretion in its rulings on expert testimony.

Questions Presented

  1. Whether the jury verdict was supported by sufficient evidence.
  2. Whether the superior court abused its discretion in denying challenges for cause of two jurors.
  3. Whether the superior court abused its discretion in restricting the expert testimony of Dr. Lucas and admitting the expert testimony of Dr. Ballard.

Disposition

affirmed

Cases Cited (16)

  • Heynen v. Fairbanks, 293 P.3d 470 (Alaska 2013)(applied)
  • Bolden v. City of Kodiak, 439 P.2d 796 (Alaska 1968)(applied)
  • Alaska Democratic Party v. Rice, 934 P.2d 1313 (Alaska 1997)(applied)
  • Sirotiak v. H.C. Price Co., 758 P.2d 1271 (Alaska 1988)(applied)
  • Thompson v. Cooper, 290 P.3d 393 (Alaska 2012)(applied)
  • Jackson v. Am. Equity Ins. Co., 90 P.3d 136 (Alaska 2004)(applied)
  • Kimble v. State, 539 P.2d 73 (Alaska 1975)(applied)
  • West v. State, 409 P.2d 847 (Alaska 1966)(applied)
  • Cent. Bering Sea Fishermen's Ass'n v. Anderson, 54 P.3d 271 (Alaska 2002)(applied)
  • Richey v. Oen, 824 P.2d 1371 (Alaska 1992)(applied)

Showing top 10 of 16.

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…

More from Alaska Alaska Supreme Court