Michele Marshall and Donald Marshall, Husband and Wife, Appellants v. Matthew H. Peter and Robert L. Nelson, Appellees

Summary

The Alaska Supreme Court affirmed the superior court’s denial of the plaintiff’s motion for a directed verdict on negligence and upheld the award of attorney’s fees under Civil Rule 68. The Court held that reasonable jurors could differ on liability and that the settlement offers satisfied Rule 68’s purpose. Chief Justice Stowers wrote a concurring opinion, and Justice Bolger’s separate concurrence expressed skepticism about the Court’s prior interference with juries in similar cases.