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LINDSEY v. E & E AUTOMOTIVE & TIRE SERVICE

No. S-13609.

241 P.3d 880 (2010)

Timothy R. LINDSEY, Appellant, v. E & E AUTOMOTIVE & TIRE SERVICE, INC., and James S. Egbert, Appellees.

Supreme Court of Alaska.

Rehearing Denied December 1, 2010.

Attorney(s) appearing for the Case

Phillip Weidner and Michael Cohn , Weidner & Associates, APC, Anchorage, for Appellant.

Timothy M. Stone and Alex Vasauskas , Holmes, Weddle & Barcott, P.C., Anchorage, for Appellees.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

In March 2005 Timothy Lindsey was severely injured when his employer's unattended truck rolled backwards and struck him. An inspection revealed that the cause of the accident was a non-functioning parking brake. Lindsey sued E & E Automotive & Tire Service Inc., the repair shop that had recently serviced the truck, for negligence. E & E had been asked to repair the parking brake but was...

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