Loeb v. Rasmussen

OPINION

BURKE, Justice.

In this case, the plaintiff in a damage action challenges the trial court’s denial of its motion to bar the defense of comparative negligence. The defendant cross-appeals the court’s denial of its motion for summary judgment based on the alleged “willful misconduct” of the plaintiff’s decedent. Both parties appeal issues pertaining to the trial court’s award of attorney’s fees.

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On June 25, 1983, Teresa Bouffioux, age 17, was injured in a one-car accident. Before the accident, Bouffioux and another minor purchased liquor from the Cushman Boxboy, a store in Fairbanks.…