Kay v. Danbar, Inc.

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Steven Kay sued RE/MAX of Wasilla for personal injuries suffered from a fall in a *264duplex that he rented through RE/MAX. Kay initially limited his claim to damages of less than $100,000, thereby securing the advantage of limited discovery under Civil Rule 26(g). But he later attempted to claim additional damages and unsuccessfully moved to withdraw his election to proceed under Rule 26(g). The jury returned a verdict for Kay exceeding $400,000, but the court reduced the judgment to conform to Rule 26(g)’s $100,000 damages cap. Kay appeals,…