Dixie D. Dixon, Appellant v. Joshua Paul Blackwell, Appellee

Summary

The Alaska Supreme Court affirmed the judgment awarding Dixon damages and imposing enhanced attorney fees under Alaska Civil Rule 68. It held that the jury’s award was not so inadequate as to constitute a miscarriage of justice, that Blackwell’s offer was timely, definite, noncontingent, and made in good faith, and that Dixon’s recovery was at least five percent less favorable than the offer. WINFREE, Justice, concurring, would have treated the offer as an unenforceable offer to pay in exchange for dismissal but concurred because Dixon failed to preserve that argument.