McConkey v. Hart

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

This appeal presents a question of interpretation of the prejudgment interest statute, AS 09.30.070, and a question of the appropriateness of awarding prejudgment interest on an award of future damages. The cross-appeal challenges the constitutionality of AS 09.30.070 on equal protection and due process grounds.

II. FACTS AND PROCEEDINGS

The facts are undisputed. Barbara Hart visited Dr. Sam McConkey, an opthamologist, on October 10, 1990, for an eye exam. Dr. McConkey’s diagnosis was that Hart had a condition known as macular degeneration in her left…