Alaska Supreme Court

Raymond Dapo v. State of Alaska, Office of Children's Services and Taun Lucas

December 13, 2019454 P.3d 171

Summary

The Alaska Supreme Court held that Alaska’s ten‑year statute of repose applies to a third‑party apportionment claim against the Office of Children’s Services, but genuine issues of fact exist as to whether the claim falls within the gross negligence or fiduciary‑duty exceptions, so the claim cannot be dismissed on summary judgment. Accordingly, the Court reversed the superior court’s dismissal and remanded for further proceedings. The Court also rejected the plaintiff’s as‑applied constitutional challenge to the statute of repose.