STATE v. PURDY

No. 4468.

601 P.2d 258 (1979)

STATE of Alaska, Petitioner, v. Bernita J. PURDY, Respondent.

Supreme Court of Alaska.

October 12, 1979.


Attorney(s) appearing for the Case

Charles P. Flynn, Burr, Pease & Kurtz, Inc., Anchorage, for petitioner.

Patrick T. Brown, Rice, Hoppner, Hedland, Fleischer & Ingraham, Fairbanks, for respondent.

Before RABINOWITZ, C.J., CONNOR, BOOCHEVER and MATTHEWS, JJ., and DIMOND, Senior Justice.


OPINION

CONNOR, Justice.

This case presents the question of whether the "dual capacity doctrine" permits a negligence action by an employee against an employer, in this case the State of Alaska.

Respondent has received benefits under the Alaska Workmen's Compensation Act, but has filed an action alleging that the state failed to properly maintain the highway on which the accident occurred.

The State moved for summary judgment on the ground...

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