Earthmovers of Fairbanks, Inc. v. State

OPINION

The appellant has appealed from an adverse decision of the superior court which is based on an order granting partial summary judgment to appellee. We affirm on the opinion of the superior court hereinafter set forth:

The underlying action is one for wrongful death. The decedent was struck by a vehicle on the Parks Highway in August of 1977 while the highway was under construction. Two of the named defendants are the State of Alaska and Earthmovers of Fairbanks, Inc. the prime contractor for the project.

This matter is before the court on cross motions for summary judgment. The question…