Alaska Supreme Court
Peter Haines, as the Personal Representative of the Probate Estate of Verna Haines (deceased), Appellant v. Comfort…
March 24, 20172017 Alas. LEXIS 40
Summary
The court affirmed the rulings rejecting restitutionary recovery based on the medication's street value and declining discovery sanctions and related fees. It vacated the default and default judgment because the superior court granted default while rejecting the express condition that damages be decided by a jury, and it held that any renewed default proceeding must account for the complaint's established allegations of harm, potential punitive damages, and statutory attorney's fees. The case was remanded for further proceedings, while the challenge to the satisfaction of judgment was moot.