Matthew J. Fischer v. Kenai Peninsula Borough School District

Summary

The court affirmed summary judgment establishing that Fischer breached the Plan by failing to reimburse the District, concluding that the District did not waive reimbursement and did not fail to mitigate its damages. It reversed summary judgment on the amount of damages because competing affidavits and spreadsheets created a genuine dispute about which medical expenses were related to the accident. The case was remanded for further proceedings on damages.