Alaska Supreme Court
Timothy R. Lindsey, Appellant v. E & E Automotive & Tire Service, Inc., and James S. Egbert, Appellees
October 1, 20102010 Alas. LEXIS 107
Summary
The Alaska Supreme Court affirmed summary judgment for the automotive repair shop and its owner in a negligence action arising from injuries caused by a truck's nonfunctioning parking brake. The court held that the shop did not increase the danger, create a deceptive appearance that the brake had been repaired, or inadequately warn the owner because it clearly communicated that the parking brake remained unrepaired and inoperable. The court also concluded that the record did not establish any independent negligent conduct by the owner. No separate opinions were filed.