ESTATE OF HIMSEL v. STATE

No. S-8640.

36 P.3d 35 (2001)

ESTATE OF Kenneth W. HIMSEL, Deceased, Brought by Dr. B. Carls Kerkhove, Personal Representative of the Estate of Kenneth W. Himsel; Deborah Ann Himsel, Individually and in the Capacity as Parent of Krista S. Himsel and Kendra J. Himsel; Estate of Richard E. Brink, Deceased, Brought by Zita Rosa Brink, Personal Representative of the Estate of Richard E. Brink; Zita Rosa Brink, Individually; Boris Brink, Individually; Estate of Wilfried E. Wood, Deceased, Brought by Crystal M. Wood, Personal Representative of the Estate of Wilfried E. Wood; Crystal M. Wood, Individually and in the Capacity as Parent of Kirsten A. Wood; Estate of Michael Joseph Schmidt, Deceased, Brought by Deanna Sue Schmidt, Personal Representative of the Estate of Michael Joseph Schmidt; Deanna Sue Schmidt, Individually and in her Capacity as Parent of Preston R. Schmidt and Garret M. Schmidt; Estate of Llewellyn Archie Kahklen, Brought by Ida Marie Kahklen, Personal Representative of the Estate of Llewellyn Archie Kahklen; Ida Marie Kahklen, Individually and in her Capacity as Parent of Kristen Kahklen and Marcos Figueroa Kahklen, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

Rehearing Denied December 24, 2001.


Attorney(s) appearing for the Case

Robert Merle Cowan, Law Offices of Cowan & Gerry, Kenai, for Appellants Himsel, Brink, and Wood; Steven E. Aldous and Tom H. Davis, Slack & Davis, Austin, TX, for Appellants Himsel, Brink, and Wood; and Kermit E. Barker, Jr., Barker & Hellén, Anchorage, for Appellants Schmidt and Kahklen.

Gary M. Guarino, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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


OPINION

CARPENETI, Justice.

I. INTRODUCTION

In November 1992 an Alaska Army National Guard plane crashed; all aboard perished. Family members of the passengers sued the State of Alaska, alleging pilot negligence. The superior court granted summary judgment in favor of the state on the grounds that the claims were related to military service. We reverse and remand this case because the families...

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