Brett Conley and Marina Conley, Appellants and Cross-Appellees v. Alaska Communications Systems Holdings, Inc…

Summary

The Alaska Supreme Court affirmed the judgment for ACS after a jury found ACS negligent but found that its negligence was not a substantial factor in causing Conley's injuries. The court held that Conley did not preserve objections to ACS's allegedly improper use of prior-incident evidence, that res ipsa loquitur was unavailable because eyewitnesses provided a complete account of the accident, and that the evidence supported the verdict and denial of post-trial motions. Chief Justice Fabe, dissenting, would have reversed and remanded for a new trial because the prior-acts evidence was substantially more prejudicial than probative and the trial court failed to give limiting instructions.