Alaska Supreme Court

American Marine Corporation D/b/a American Hyperbaric Center, Appellant v. Crystal Sholin, Indiv — Stowers, J…

March 8, 20132013 Alas. LEXIS 21

Summary

The dissent argues that Alaska's savings statute requires a plaintiff to provide timely notice of the initial action to the defendant. Because the plaintiff failed to serve the defendant within the limitations period and the delay prejudiced the defense through the loss of a critical witness, the dissent would affirm summary judgment for the defendant. The dissenting justice contends that the majority improperly emphasized remedial purposes and resolution on the merits rather than the defendant-protective purposes of limitation statutes.