KUK v. NALLEY

No. S-12024.

166 P.3d 47 (2007)

Thomas KUK and Sabina Kuk, Appellants, v. Janet NALLEY, Appellee.

Supreme Court of Alaska.

September 7, 2007.


Attorney(s) appearing for the Case

William Dennie Cook, Law Office of William D. Cook, PC, Eagle River, and Jahna Lindemuth, Dorsey & Whitney, LLP, Anchorage, for Appellants.

Kimberlee A. Colbo, Hughes Bauman Pfiffner Gorski & Seedorf, LLC, Anchorage, for Appellee.

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


OPINION

MATTHEWS, Justice.

A statute provides that when a defendant leaves the state her absence is not part of a limitations period. Does this statute apply when she is temporarily out of the state but amenable to service of process? We answer "no" because our case law establishes that the absence contemplated by the statute must obstruct or prevent a suit. This interpretation serves the policy of limitations statutes by providing a definite time...

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