McCubbins v. State, Department of Natural Resources, Division of Parks & Recreation

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

Ray Woodrow McCubbins and his wife, Rona McCubbins, appeal from a jury verdict awarding McCubbins $26,914.10 against the State of Alaska for injuries sustained in a diving accident at Big Lake. They appeal the trial court’s failure to grant them a new trial on the issue of damages; its determination that the State was the prevailing party for purposes of Civil Rule 82 attorney’s fees; and its award of decreased prejudgment interest pursuant to Civil Rule 68. We hold that the jury’s damage award was inconsistent and order a new trial on the issue…