MacKie v. Chizmar
Alaska Supreme Court
1Opinion of the Court
OPINION
FABE, Justice.
I. INTRODUCTION
This appeal stems from Savitri Chizmar’s suit against Dr. Scott Maekie based on his misdiagnosis of her as HIV positive. Dr. Maekie argues that the trial court erred in ruling that the initial appeal and remand of this case invalidated his offer of judgment, made pursuant to Alaska Civil Rule 68. Chizmar argues that the trial court awarded her inadequate damages. Based on a review of the language and purpose of Rule 68, we conclude that offers of judgment generally remain valid despite appeal and remand. The rule’s penalties do not apply to Chiz-mar’s…
Also in this document: Dissent.
2Cases cited12 opinions
- Marek v. ChesnySupreme Court of the United States · 1985
- Merrill v. MerrillAlaska Supreme Court · 1962
- Chizmar v. MacKieAlaska Supreme Court · 1995
- Alaska Foods, Inc. v. American Manufacturer's Mutual Insurance Co.Alaska Supreme Court · 1971
- Pratt & Whitney Canada, Inc. v. SheehanAlaska Supreme Court · 1993
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