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MCCUBBINS v. STATE, DNR

Nos. S-7930, S-7990.

984 P.2d 501 (1999)

Ray McCUBBINS and Rona McCubbins, Appellants and Cross-Appellees, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF PARKS AND RECREATION, Appellee and Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied September 8, 1999.

Attorney(s) appearing for the Case

George M. Kapolchok, Elizabeth D. Friedman, Anchorage, for Appellants and Cross-Appellees.

Michael C. Geraghty, Tracey L. Knutson, and Sarah Diemer Moyer, DeLisio, Moran, Geraghty & Zobel, Anchorage, for Appellee and Cross-Appellant.

Before MATTHEWS, Chief Justice, and COMPTON, EASTAUGH, FABE, and BRYNER, Justices.

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

Ray Woodrow McCubbins and his wife, Rona McCubbins, appeal from a jury verdict awarding McCubbins $26,914.10 against the State of Alaska for injuries sustained in a diving accident at Big Lake. They appeal the trial court's failure to grant them a new trial on the issue of damages; its determination that the State was the prevailing party for purposes of Civil Rule 82 attorney's fees...

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