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KELLY v. MUNICIPALITY OF ANCHORAGE

No. S-13858.

270 P.3d 801 (2012)

Ethel B. KELLY, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Supreme Court of Alaska.

March 2, 2012.

Attorney(s) appearing for the Case

Charles W. Coe, Law Office of Charles W. Coe, Anchorage, for Appellant.

Pamela D. Weiss, Assistant Municipal Attorney, and Dennis A. Wheeler, Municipal Attorney, Anchorage, for Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

STOWERS, Justice.

I. INTRODUCTION

Appellant Ethel Kelly sued the Municipality of Anchorage (MOA) for negligence after she stepped into an uncovered valve box assembly pipe in a crosswalk and sustained injuries. MOA concedes that the valve box cover was missing, but denies it was responsible for this condition. MOA moved for summary judgment in the superior court on grounds that MOA had no duty to Kelly since it neither caused nor...

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