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KOOLY v. STATE

No. S-7207.

958 P.2d 1106 (1998)

Corbin KOOLY, individually and as Personal Representative of the Estate of Daniel Glenn Craig, deceased, and Shannon Kooly, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

May 22, 1998.

Attorney(s) appearing for the Case

Dale J. Walther, Walther & Flanigan, Anchorage, for Appellants.

Venable Vermont, Jr., Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Three-year-old Daniel Craig drowned when he slipped into a partially-frozen creek at the bottom of a popular sledding hill. We must decide whether the State of Alaska can be held liable for his death because the sledding hill was part of a state right-of-way. We conclude that it cannot because the State does not owe a duty of care to sledders on its rights-of-way.

II. FACTS AND...

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