Michael J. Cooper and Central Plumbing & Heating, Appellants v. Samuel L. Thompson, Appellee

Summary

The Alaska Supreme Court reversed the trial court’s exclusion of evidence that the plaintiff had been assaulted after his surgery, finding it relevant to causation, and vacated the Rule 68 attorney‑fee award while affirming the limitation on the biomechanics expert, the additional‑harm jury instruction, and the Rule 40 fee award. The court remanded for a new trial on compensatory damages. The decision also clarified the proper calculation of Rule 68 fees when a contingent‑fee agreement is involved.