Beegan v. State, Department of Transportation & Public Facilities

195 P.3d 134 (Alaska 2008) · Supreme Court of Alaska · October 31, 2008 · No. S-12615

Summary

The Alaska Supreme Court held that a prior Alaska State Commission for Human Rights decision finding retaliatory failures to hire did not preclude Dennis Beegan from pursuing back pay and noneconomic damages in superior court because those matters were not resolved or available before the Commission. The court also held that Beegan did not waive his noneconomic damages claim and that equitable tolling prevented the statute of limitations from barring it. The superior court's dismissal was reversed and the case was remanded for determination of back pay and noneconomic damages.

Holdings

  1. Neither collateral estoppel nor res judicata barred Beegan's back-pay damages claim because the Commission did not decide the claim and Beegan lacked a full and fair opportunity to litigate it there.
  2. Neither collateral estoppel nor res judicata barred Beegan's claim for noneconomic damages because the Commission did not decide that claim and lacked authority to award noneconomic damages under AS 18.80.
  3. Beegan did not waive his noneconomic-damages claim because his amended complaint alleged noneconomic losses resulting from the retaliatory failure to hire and satisfied Alaska Civil Rule 8(a).
  4. Equitable tolling applied and the statute of limitations did not bar Beegan's noneconomic-damages claim because he reasonably and in good faith pursued another available remedy, DOTPF had timely notice, and DOTPF was not prejudiced.

Questions Presented

  1. Whether collateral estoppel or res judicata barred Beegan's superior-court claim for back pay damages after the Commission had not decided that claim.
  2. Whether collateral estoppel or res judicata barred Beegan's claim for noneconomic damages that were unavailable before the Commission.
  3. Whether Beegan waived his noneconomic-damages claim under Alaska's liberal pleading standard.
  4. Whether equitable tolling saved Beegan's noneconomic-damages claim from the applicable statute of limitations.
  5. Whether Beegan's common-law public-policy retaliation and Whistleblower Act claims were viable.

Disposition

reversed_and_remanded

Cases Cited (20)

  • Matanuska Electric Ass'n v. Chugach Electric Ass'n, 152 P.3d 460, 465 (Alaska 2007)(followed)
  • Law Offices of Steven D. Smith, P.C. v. Borg-Warner Security Corp., 993 P.2d 436, 443 (Alaska 1999)(followed)
  • McElroy v. Kennedy, 74 P.3d 903, 906, 909 (Alaska 2003)(followed)
  • Johnson v. Alaska State Department of Fish & Game, 836 P.2d 896, 906-09, 914 (Alaska 1991)(followed)
  • Sengupta v. University of Alaska, 21 P.3d 1240, 1253 (Alaska 2001)(followed)
  • Robertson v. American Mechanical, Inc., 54 P.3d 777, 780 (Alaska 2002)(followed)
  • McDowell v. State, 23 P.3d 1165, 1167 n.9 (Alaska 2001)(followed)
  • Osborne v. Buckman, 993 P.2d 409, 412 (Alaska 1999)(followed)
  • Gandy v. Wal-Mart Stores, Inc., 117 N.M. 441, 872 P.2d 859, 862-63 (1994)(persuasive)
  • Harrison County Board of Education v. Carson-Leggett, 195 W. Va. 596, 466 S.E.2d 447, 449-51 (1995)(persuasive)

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