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SMITH v. STATE

No. S-7347.

921 P.2d 632 (1996)

Janet SMITH, Personal Representative of the Estate of Dominic Smith, Deceased, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

August 9, 1996.

Attorney(s) appearing for the Case

Susan Orlansky, Jeffrey M. Feldman, and Eric T. Sanders, Young, Sanders & Feldman, Anchorage, for Appellant.

David H. Knapp, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COMPTON, C.J., and RABINOWITZ, MATTHEWS, EASTAUGH and FABE, JJ.

OPINION

COMPTON, Chief Justice.

This appeal presents the sole question of whether a genuine issue of material fact precludes summary judgment on the scope of the duty assumed by the State of Alaska (State). The superior court concluded that the State owed the decedent Dominic Smith no duty and granted summary judgment in favor of the State. We reverse.

I. BACKGROUND

Most of the facts underlying this appeal are not in dispute...

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