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ESTATE OF MILOS v. QUALITY ASPHALT PAVING

No. S-11835.

145 P.3d 533 (2006)

The ESTATE OF Brett M. MILOS, Decedent, Terry and Stan Milos, Personal Representatives of the Estate of Brett M. Milos, on behalf of said Estate, and Terry and Stan Milos, Appellants, v. QUALITY ASPHALT PAVING, INC., Appellee.

Supreme Court of Alaska.

October 13, 2006.

Attorney(s) appearing for the Case

Phillip Paul Weidner, Weidner & Associates, Inc., Anchorage, for Appellants.

Eric P. Gillett, Preg O'Donnell & Gillett, PLLC, Seattle, Washington, and Mark E. Wilkerson, Wilkerson, Hozubin & Burke, Anchorage, for Appellee.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Brett Milos, an employee of Quality Asphalt Paving (Quality), was driving a company ATV on a Quality work site when he contacted a power line and was electrocuted. Milos's estate sued Quality for wrongful death. The superior court granted summary judgment to Quality, holding that AS 23.30.055, the exclusive remedy provision of the Alaska Workers' Compensation Act, barred the estate's...

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