American Marine Corporation D/b/a American Hyperbaric Center, Appellant v. Crystal Sholin

Summary

The Alaska Supreme Court held that Alaska's savings statute permits a plaintiff to refile a timely commenced action dismissed without reaching the merits even when the defendants received no notice or service of the initial complaint. Because the statute requires commencement by filing and does not impose a notice or service prerequisite, the court reversed the summary judgment dismissing American Hyperbaric's refiled claims and remanded for further proceedings. Justice Stowers, dissenting, would have affirmed because the savings statute should require timely notice where the plaintiff's delay prejudiced the defendant's ability to preserve evidence.