Whittenton v. Peter Pan Seafoods, Inc.

CARNEY, Justice.

I. INTRODUCTION

After a mother and daughter were involved in a car accident, they and the father sued the employer of the other vehicle's driver. The employer made separate offers of judgment to the mother and daughter under Alaska Civil Rule 68, which they rejected. At trial all three plaintiffs were awarded damages. But-with respect to the mother-the superior court awarded partial attorney's fees to the employer under Rule 68 because the mother's award was less than 95% of the offer made to her.

The mother appeals, arguing that the offer of judgment was not a valid Rule 68…