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JANES v. ALASKA RAILBELT MARINE, LLC

No. S-14593.

309 P.3d 867 (2013)

Sean A. JANES and Jennifer M. Janes, Individually, and as Parents and Guardians of Lindie R. Janes, Kameron S. Janes, Kolten J. Janes, and Sienna M. Janes, Appellants, v. ALASKA RAILBELT MARINE, LLC, Alaska Marine Lines, Inc., Lynden Incorporated, Northland Services, Inc., and Western Towboat Company, Appellees.

Supreme Court of Alaska.

September 20, 2013.

Attorney(s) appearing for the Case

Brett von Gemmingen , Law Offices of Brett von Gemmingen, LLC, Anchorage, for Appellants.

Thomas G. Waller and Mark Krisher , Bauer Moynihan & Johnson LLP, Seattle, Washington, for Appellees.

Before: FABE, Chief Justice, STOWERS, and MAASSEN, Justices, and EASTAUGH, Senior Justice.

OPINION

EASTAUGH, Senior Justice.

I. INTRODUCTION

Sean Janes, a railroad conductor, was injured while railcars were being loaded onto a barge built to transport railcars and non-rail cargo at the same time. The railcars were rolling on tracks which ran from the stern to the bow of the barge. As the railcars approached non-rail cargo that had been placed across the tracks, Janes's supervisor ordered him to "dump it," i.e., engage the railcars...

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