Alaska Supreme Court

State of Alaska, Department of Health and Social Services, Appellant v. Alecia Rae Mullins, Shaynalynn Mullins…

June 27, 20142014 Alas. LEXIS 124

Summary

The court held that the jury's allocation of 95% of the fault to OCS and none to the grandparents was so unsupported by the evidence as to be plainly unreasonable, requiring a new trial on both fault allocation and damages. The court also clarified that discretionary-function immunity must be determined claim by claim by the judge, with any necessary factual findings submitted to the jury through specific interrogatories. No separate opinions were provided.