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 trial 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 given the icy conditions and the defendant’s low speed, and that the settlement offers satisfied Rule 68’s purpose. The opinion also notes that the motion’s untimeliness did not prejudice the plaintiff. Justice Stowers, in a concurring opinion, reiterated confidence in the jury’s verdict and questioned the Court’s past interference in similar cases.