Foss Alaska Line, Inc. v. Northland Services, Inc.

OPINION

Before RABINOWITZ, C.J., BURKE, MATTHEWS, COMPTON and MOORE, JJ. MOORE, Justice.

The issue in this case is whether a contribution claim defendant is a prevailing party entitled to costs and attorney’s fees when it secures summary judgment against the contribution claimant by settling with the injured plaintiff. We conclude that the settling defendant may not recover costs and fees from the contribution claimant.

I. FACTUAL AND PROCEDURAL BACKGROUND

Alex Clark was killed in Bethel when four timbers fell on him. The accident happened when Clark cut the straps around a bundle of timbers…