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M.J. EX REL. BEEBE v. U.S.

No. 11-35625.

721 F.3d 1079 (2013)

M.J., a minor, by her mother and next friend Helena BEEBE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, J.P., a minor, Third-Party-Defendant-Counter-Claimant-Appellant, City of Quinhagak, Defendant-Third-Party-Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2013.

Attorney(s) appearing for the Case

Russell Lee Winner (argued), Winner & Associates, P.C., Anchorage, AK, for Plaintiff-Appellant and Counter-Claimant-Appellant.

Constance Cates Ringstad (argued), Clapp, Peterson, Tiemessen, Thorsness & Johnson, Fairbanks, AK, for Defendant-Appellee.

Before: A. WALLACE TASHIMA, RICHARD C. TALLMAN, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

Under Alaska state law, an employee's immunity from tort liability precludes an employer from being held vicariously liable for the employee's negligence. See City of N. Pole v. Zabek, 934 P.2d 1292, 1300 (Alaska 1997). Vicarious liability claims include those premised on a "nondelegable duty" — the theory that an employer can be held liable for an independent contractor's...

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