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EVANS EX REL. KUTCH v. STATE

No. S-9313.

56 P.3d 1046 (2002)

Betty EVANS, on her own behalf and on behalf of her minor son, David "Buddy" KUTCH, Jr.; Sharon Cross, on her own behalf and on behalf of her minor daughter, Laronsia Cross; Raymond Nealy, Sr.; and Lillian A. Wood, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

Rehearing Denied November 13, 2002.

Attorney(s) appearing for the Case

Robert H. Wagstaff and Wm. Grant Callow, Anchorage, for Appellants.

Gary M. Guarino, Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, and Ronald W. Lorensen and L. Merrill Lowden, Simpson, Tillinghast, Sorensen, Lorensen & Longenbaugh, Juneau, for Appellee.

Amy S. Gurton, Robertson, Monagle & Eastaugh, P.C., Juneau, for Amicus Curiae Alaska State Hospital and Nursing Home Association. Roger F. Holmes, Anchorage, for Amicus Curiae Alaska State Chamber of Commerce.

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

OPINION

FABE, Chief Justice.

I. INTRODUCTION

This appeal is a challenge to the 1997 tort reform legislation enacted by the Alaska Legislature in chapter 26, SLA 1997. The plaintiffs, all injured parties contemplating tort actions, asked the superior court for a declaratory judgment that this legislation is void under the Alaska Constitution. However, the superior court granted summary judgment to the State and refused to grant the...

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