GLAMANN v. KIRK

No. S-9362.

29 P.3d 255 (2001)

David and Mary GLAMANN, individually and as next friend of Jesse Glamann, Appellants, v. Gloria KIRK (f/k/a Gloria Caler), Appellee.

Supreme Court of Alaska.

August 17, 2001.


Attorney(s) appearing for the Case

Brett Von Gemmingen, Anchorage, for Appellants.

Paul W. Waggoner, Law Offices of Paul W. Waggoner, Anchorage, for Appellee.

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


OPINION

CARPENETI, Justice.

I. INTRODUCTION

David Glamann was injured when Gloria (Caler) Kirk's automobile rear-ended his automobile. Kirk admitted negligence but disputed the extent of her liability. Glamann did not respond to Kirk's $50,000 offer of judgment, and the case went to trial. A jury awarded Glamann $10,000.

Glamann appeals the trial court's decisions to: (1) admit evidence of malingering, (2) give an aggravating...

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