Legal Opinion
Lundquist v. Department of Public Safety
Alaska Supreme Court
Decided December 9, 1983No. 7075PublishedCited by 23 opinions
1Opinion of the Court
OPINION
COMPTON, Justice.
Under AS 28.35.032, the Department of Public Safety (the “Department”) must suspend or revoke the driver’s license of a person who is believed to be operating a motor vehicle while intoxicated and who refuses to submit to a chemical analysis of his breath. 1 The issue in this appeal is whether AS 28.35.032 creates a duty by the Department toward the public which, if breached, can form the basis of a cause of action for negligence against the Department. The superior court granted summary judgment in favor of the Department and dismissed the Lundquists’ claim against…
2Cases cited11 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- MacKey v. MontrymSupreme Court of the United States · 1979
- Campbell v. Superior CourtArizona Supreme Court · 1971
- City of Westerville v. CunninghamOhio Supreme Court · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gates v. City of Tenakee SpringsAlaska Supreme Court · 1991
- State Ex Rel. Wyoming Department of Revenue v. Union Pacific RailroadWyoming Supreme Court · 2003
- Director of the Office of State Lands & Investments v. Merbanco, Inc.Wyoming Supreme Court · 2003
- State, Department of Public Safety, Division of Motor Vehicles v. NiedermeyerAlaska Supreme Court · 2000
- State, Department of Public Safety, Division of Motor Vehicles v. ConleyAlaska Supreme Court · 1988
18 more not listed; retrieve them via the Exa API.