State v. Purdy

OPINION

CONNOR, Justice.

This case presents the question of whether the “dual capacity doctrine” permits a negligence action by an employee against an employer, in this case the State of Alaska.

Respondent has received benefits under the Alaska Workmen’s Compensation Act, but has filed an action alleging that the state failed to properly maintain the highway on which the accident occurred.

The State moved for summary judgment on the ground that the plaintiff’s suit was barred by the exclusive remedy provision of the Alaska Workmen’s Compensation Act, since her injury occurred in the course and…