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Dore v. City of Fairbanks9/28/2001
No. 5475
I. INTRODUCTION
On April 29, 1986, Jack Dore killed his wife Carmen Dore and then killed himself. Seven days earlier, the Fairbanks police had obtained a warrant for Jack Dore's arrest for harassing Carmen. More than ten years later, the Dore children, Jamie, Brandi, and Jason, brought this action against the city alleging negligence in protecting Carmen and failing to arrest Jack. The superior court granted summary judgment in favor of the city, concluding that: the statute of limitations barred Jamie's and Brandi's claims; the city owed no duty to Jason Dore; the city enjoyed statutory immunity from Jason Dore's tort claim; and the city did not breach its duty to Jason Dore, assuming a duty existed. Because the superior court did not err in granting summary judgment on the statute of limitations and duty issues, we affirm.
II. FACTS AND PROCEEDINGS
Jamie, Brandi, and Jason Dore are the children of Carmen and Jack Dore. Jamie was born February 6, 1972. Brandi was born October 16, 1974. Jason was born January 5, 1978.
Sometime in late 1985, Jack and Carmen Dore separated. Jack made oral and written threats to kill Carmen, and he sought psychiatric treatment. Carmen obtained a civil protective order against Jack.
At Carmen's request, the Fairbanks authorities filed a criminal complaint, charging Jack Dore with harassment in violation of AS 11.61.120. Magistrate John C. Hessin issued an arrest warrant on April 22, 1986.
Seven days later, Jack Dore killed Carmen Dore and committed suicide.
In December 1987, and again in August 1996, counsel for the Dore children sent the City of Fairbanks notice of claim letters for the death of Carmen Dore. On October 16, 1996, Jamie, Brandi, and Jason filed this action against the City of Fairbanks. The Dore children claimed that the city negligently organized, trained, hired, managed, and controlled the police, failed to arrest Jack on the warrant, and failed to protect Carmen and them. The plaintiffs included the State of Alaska Department of Health and Social Services, Division of Mental Health and Development Disabilities as defendants in their complaint but later stipulated to dismissing with prejudice the claims against the state.
The City of Fairbanks moved for summary judgment to bar the claims of Jamie and Brandi Dore. In a Memorandum Decision and Order dated May 29, 1998, Superior Court Judge Mary E. Greene granted the motion and dismissed the claims of Jamie and Brandi Dore because they failed to file suit before their twentieth birthdays as required by AS 09.10.140(a) when the plaintiff is a minor at the time the cause of action accrues.
The City of Fairbanks later moved for summary judgment against Jason Dore on the remaining three issues: whether the city had a duty; whether the city had immunity; and, if the city had a duty, whether the city breached its duty. Superior Court Judge Charles R. Pengilly granted the city's motion without comment.
The Dore children appeal.
III. STANDARD OF REVIEW
We review a grant of summary judgment de novo. All reasonable factual inferences are drawn in favor of the non-moving party "to determine whether genuine issues of material fact exist and whether the moving party is entitled to judgment as a matter of law." In reviewing questions of law, we apply our independent judgment and adopt "the rule of law that is most persuasive in light of precedent, reason, and policy."
IV. DISCUSSION
A. Jamie's and Brandi's Claims Are Barred By the Statute of Limitations.
The general statute of limitations fo
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