SHIELDS v. CAPE FOX CORP.

No. S-9134.

42 P.3d 1083 (2002)

Patricia SHIELDS, Kristy Shields, and Thomas Martinez, Jr., Appellants, v. CAPE FOX CORPORATION, an Alaskan corporation, and the Board of Directors of Cape Fox Corporation, Appellees.

Supreme Court of Alaska.

March 8, 2002.


Attorney(s) appearing for the Case

David W. Rosendin, P.C., Ketchikan, for Appellants.

Frank A. Pfiffner, Hughes, Thorsness, Powell, Huddleston & Bauman, LLC, Anchorage, and James D. Nelson, Betts, Patterson & Mines, P.S., Seattle, for Appellees.

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


OPINION

MATTHEWS, Justice.

Cape Fox Corporation recovered a judgment against Kristy Shields, Patricia Shields, and Thomas Martinez, Jr., arising out of losses incurred by a store owned by Cape Fox during 1995 and 1996. The main question presented in this appeal is whether the trial court committed plain error in failing to instruct the jury to determine Cape Fox's comparative fault in causing the losses. Because there was evidence of comparative fault...

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