Christensen v. Alaska Sales & Service, Inc.
2014 Alas. LEXIS 203
| Alaska | 2014Background
- Christensen and Scott purchased a new 2004 Buick from Alaska Sales & Service in spring 2004.
- In June 2008 Christensen, driving the Buick on Parks Highway, collided with two moose; there were no other witnesses.
- Post‑accident, Christensen experienced dizziness, speech difficulties, and gait instability leading to brain imaging showing bilateral frontal brain damage.
- Scott observed seat belt behavior prior to the crash and after repairs; belts reportedly did not reliably lock or retract.
- Repair shop replaced both belts after the accident; the original belts were not returned.
- The suit against Alaska Sales & Service was filed in 2010 alleging seat belt defect and causation; the superior court granted summary judgment for Alaska Sales Service; plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment standard used was proper | Christensen/Scott require only admissible evidence to raise fact issues | Alaska Sales argues standard is whether a reasonable jury could prevail | Yes; proper standard requires genuine issues of material fact to survive |
| Whether genuine issues exist on seat belt defect | Evidence suggests belt may have failed to lock/retract; chain of custody maintained | Gaps in evidence show no defect conclusively | There are genuine issues of material fact on defect |
| Whether genuine issues exist on causation of Christensen's injury | Symptoms and medical opinions link injury to accident; no other explanations | Causation needs expert examination of belt; causation not proven | There are genuine issues of material fact on causation |
Key Cases Cited
- Hurn v. Greenway, 293 P.3d 480 (Alaska 2013) (illustrates genuine issue concept and summary judgment standard)
- Gilbertson v. City of Fairbanks, 368 P.2d 214 (Alaska 1962) (illustrates movant’s initial burden and evidentiary proof in summary judgment)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (defines 'genuine issues' and burden of proof at summary judgment)
- Moffatt v. Brown, 751 P.2d 939 (Alaska 1988) (rejected Liberty Lobby approach; reaffirmed Alaska’s summary judgment standard)
- ConocoPhillips Alaska, Inc. v. Williams Alaska Petroleum, Inc., 322 P.3d 114 (Alaska 2014) (clarifies independent review of genuine issues as a question of law)
- State, Dep’t of Highways v. Green, 586 P.2d 596 (Alaska 1978) (establishes standard that non-movant must rebut movant’s evidence with admissible facts)