Frank v. Golden Valley Elec. Ass'n, Inc.

OPINION

BURKE, Justice.

In this appeal we are asked to determine whether failure to file jury instructions within the time mandated by a pretrial order amounts to a waiver of the right to trial by jury as guaranteed under article I, section 16 of the Alaska Constitution. We conclude that it does not, and remand the case for retrial of all issues before a jury.

I. FACTUAL BACKGROUND

On October 16, 1984, appellant, Michael Frank, filed suit against Golden Valley Electric Association (GVEA), alleging trespass and destruction of property in connection with GVEA’s erection of a powerline across…