Alaska Supreme Court

Estate of Shawn Martin Mickelsen by Its Administrator, Yong Ae Mickelsen, Appellant v. North-Wen — Stowers, J…

April 27, 20122012 Alas. LEXIS 67

Summary

Justice Stowers dissented from the court's decision and would have affirmed the superior court's dismissal in favor of Wendy's. The dissent would not recognize a duty requiring a business to prevent an unrelated driver from making an illegal turn off the business's premises when that conduct injures an innocent highway user. It also warns that recognizing such a duty would substantially expand business liability and litigation costs. No separate opinions are included.