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  5. 908 P.2d 1035 (1996)
 

HIMSCHOOT v. SHANLEY

Nos. S-5813, S-5843.

908 P.2d 1035 (1996)

Rebecca HIMSCHOOT and the State of Alaska, Legislative Affairs Agency, Appellants and Cross-Appellees, v. Thomas Edward SHANLEY, Appellee and Cross-Appellant.

Supreme Court of Alaska.

January 5, 1996.

Attorney(s) appearing for the Case

J. Ron Sutcliffe, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellants/Cross-Appellees.

David V. George, Juneau, for Appellee/Cross-Appellant.

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

OPINION

MATTHEWS, Justice.

I. FACTS AND PROCEEDINGS

In January 1989, while employed by the Alaska Marine Highway System (AMHS), Thomas Shanley was in a car accident. The vehicle in which Shanley rode was owned and driven by Rick Garrison. The vehicle that struck Garrison's vehicle was owned by the State of Alaska, and driven by the State's agent, Rebecca Himschoot of the Legislative Affairs Agency.

Shanley sued the State to...

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