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WELLS v. STATE

Nos. S-9538, S-9567, S-9568.

46 P.3d 967 (2002)

Andrew C. WELLS, Appellant/Cross-Appellee, v. STATE of Alaska and Chugach Electric Association, Inc., Appellees/Cross-Appellants.

Supreme Court of Alaska.

May 3, 2002.

Attorney(s) appearing for the Case

Marcus R. Clapp, John J. Tiemessen, Clapp, Peterson & Stowers, Fairbanks, for Appellant/Cross-Appellee.

Venable Vermont, Jr., Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Appellee/Cross-Appellant State of Alaska.

Timothy M. Lynch, Lynch & Blum, PC, Anchorage, for Appellee/Cross-Appellant Chugach Electric Association, Inc.

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

OPINION

MATTHEWS, Justice.

Andrew Wells was driving downhill through a curve on DeArmoun Road in Anchorage when his truck left the roadway and rolled. Wells, who had not been wearing a seatbelt, was ejected from the truck and was later found next to some boulders that had been placed in the right-of-way by Chugach Electric Association, Inc. (Chugach). Wells's injuries left him a paraplegic.

Wells sued...

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