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STATE DEPT. OF CORRECTIONS v. JOHNSON

Nos. S-8669, S-8670.

2 P.3d 56 (2000)

STATE of Alaska, DEPARTMENT OF CORRECTIONS, Appellant/Cross-Appellee, v. Garry JOHNSON, Appellee/Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied June 21, 2000.

Attorney(s) appearing for the Case

Thomas J. Slagle, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellant and Cross-Appellee.

Thomas V. Van Flein and Craig F. Stowers, Clapp, Peterson & Stowers, Anchorage, for Appellee and Cross-Appellant.

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

OPINION

FABE, Justice.

I. INTRODUCTION

The State appeals a jury verdict in favor of Garry Johnson, a former inmate at the Ketchikan Correctional Center, for damages he suffered when a swinging door knocked him down a stairway. Because the superior court incorrectly instructed the jury on the duty of care that the State must exercise when building a jail, we reverse. Although we remand on the issue of whether the State breached its...

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