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 complaint adequately alleged that a restaurant created or allowed a dangerous property condition by maintaining an exit that customers regularly used as an illegal shortcut across oncoming traffic. The court concluded that the restaurant owed a duty to maintain its property in a reasonably safe condition for persons affected by vehicles entering and leaving the premises, and that the complaint sufficiently alleged breach and proximate causation to survive dismissal. Justice Stowers, dissenting, would have affirmed dismissal because the restaurant should not be liable for failing to prevent a third party's unlawful driving off the premises.