Shirley A. Steward, Personal Representative of the Estate of Leah F. Davis, and Warren Davis, Appellants v. State…

Summary

The Alaska Supreme Court affirmed judgment for the State after a fatal highway crash. It held that the State’s decision to remove and not replace a guardrail was a planning-level decision protected by discretionary function immunity, that the plaintiffs waived their challenge to the trooper’s testimony by failing to object, and that excluding their expert from the courtroom was harmless error because the expert had already reviewed the trooper’s affidavit and was able to respond at trial.