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KODIAK ISLAND BOROUGH v. ROE

Nos. S-10058, S-10137.

63 P.3d 1009 (2003)

KODIAK ISLAND BOROUGH, Appellant/Cross-Appellee, v. Joan ROE, on behalf of her ward, Appellee/Cross-Appellant.

Supreme Court of Alaska.

February 7, 2003.

Attorney(s) appearing for the Case

James D. Gilmore and Kristina Sue Mason, Gilmore & Doherty, Anchorage, for Appellant/Cross-Appellee.

Kirsten Tinglum, Donna J. McCready, and William S. Cummings, Ashburn & Mason, P.C., for Appellee/Cross-Appellant.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

A civil jury found two Kodiak Island Borough employees liable for intentional torts they committed against a resident at a borough-operated facility for developmentally disabled women. The jury also found the borough negligent for failing to prevent the employees' intentional torts. The trial court declined to permit the jury to allocate fault and apportion damages between the negligent and intentional...

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