(DOWNLOAD) "Mackie V. Chizmar" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Mackie V. Chizmar
- Author : Supreme Court of Alaska
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This appeal stems from Savitri Chizmar's suit against Dr. Scott Mackie based on his misdiagnosis of her as HIV positive. Dr. Mackie argues that the trial court erred in ruling that the initial appeal and remand of this case invalidated his offer of judgment, made pursuant to Alaska Civil Rule 68. Chizmar argues that the trial court awarded her inadequate damages. Based on a review of the language and purpose of Rule 68, we conclude that offers of judgment generally remain valid despite appeal and remand. The rule's penalties do not apply to Chizmar's recovery in this case, however, because that recovery was obtained through an alternative dispute resolution procedure agreed upon by the parties. We remand the damages award because a lack of findings leaves us unable to review its adequacy.