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CITY OF SEWARD v. AFOGNAK LOGGING

No. S-9456.

31 P.3d 780 (2001)

CITY OF SEWARD, Appellant, v. AFOGNAK LOGGING, a division of Kodiak Lumber, Limited, Appellee.

Supreme Court of Alaska.

September 28, 2001.

Attorney(s) appearing for the Case

Richard A. Weinig, Pletcher, Weinig, Fisher & Dennis, Anchorage, for Appellant.

Wevley William Shea, Anchorage, for Appellee.

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

OPINION

BRYNER, Justice.

I. INTRODUCTION

During a heavy rainfall, the City of Seward asked local contractor Afognak Logging to dispatch two bulldozers with operators to the Lowell Point bridge to help with flood control efforts. One of the bulldozers bogged down and suffered extensive damage in flood water that covered the highway near the bridge. Afognak sued to recover its damages, claiming that the city negligently failed to warn...

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