Loeb v. Rasmussen

MOORE, J.,

dissenting, (MATTHEWS, J., joins in part one of this opinion).

I

Because there is nothing in either the language or history of AS 04.16.051 and AS 04.21.050 evincing any legislative intent that liquor licensees should, under all circumstances, bear full responsibility for all damages resulting from the licensee’s violation of those acts, I cannot agree with the majority’s decision in section III. A. In Kaatz v. State, 540 P.2d 1037 (Alaska 1975), this court abolished the contributory negligence rule in favor of instituting the more equitable comparative negligence principle in Alaska.…