Estate of Shawn Martin Mickelsen by Its Administrator, Yong Ae Mickelsen, Appellant v. North-Wend Foods, Inc. and S…

Summary

The Alaska Supreme Court held that the estate's wrongful-death complaint adequately alleged that a restaurant created or maintained a dangerous property condition by allowing customers to use an exit as an illegal entrance across oncoming traffic. The court concluded that the restaurant owed a duty to maintain its property in a reasonably safe condition for motorists who could be affected by customers entering and exiting the property, and that the complaint was sufficient to survive dismissal under Rule 12(b)(6). Justice Stowers, dissenting, would have affirmed dismissal, reasoning that the restaurant should not be liable for an illegal turn by a third party occurring off the premises and warning of expanded liability and societal costs.