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McCARTER v. ALASKA NAT. INS. CO.

No. S-5746.

883 P.2d 986 (1994)

Mick McCARTER, Appellant, v. ALASKA NATIONAL INSURANCE COMPANY, Appellee.

Supreme Court of Alaska.

November 4, 1994.

Attorney(s) appearing for the Case

Steven L. Hempel, Mark Clayton Choate Law Offices, Juneau, for appellant.

Randall J. Weddle and Matthew D. Regan, Faulkner, Banfield, Doogan & Holmes, Anchorage, for appellee.

Christine Schleuss, Anchorage, for amicus curiae Alaska Academy of Trial Lawyers.

Before MOORE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and BRYNER, J. Pro Tem.

OPINION

RABINOWITZ, Justice.

I. FACTS AND PROCEEDINGS

Mick McCarter was employed as a "flagger" at a highway construction site for Wilderness Women, Inc. Edward Hanousek, III struck and injured McCarter while driving a vehicle past the site. Wilderness Women, Inc.'s insurance carrier, Alaska National, Inc. (ANI), paid McCarter workers' compensation benefits amounting to $11,936.

McCarter sued Hanousek for negligence. Because...

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