You can do a full-text search of the Alaska Supreme Court opinions or go to the recent opinions , or the chronological or subject indices. Appeal from the Superior Court of the State of Alaska, Third Judicial District, Kenai, Charles K. Cranston, Judge. Venable Vermont, Jr., Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Appellee.
Beaver Creek runs through an open culvert beneath the highway.
The sledding hill parallels the highway and lies perpendicular to the creek and culvert. Although most of the creek was frozen, an open area of shallow, running water was visible near the culvert. Shannon Kooly remembered seeing the open water but had not been aware of the smaller hole into which Daniel fell. It ruled that both of the Koolys' negligence claims were barred because the State exercised discretion in its decision not to close the sledding hill in this case, just as it did in deciding not to close the Parks Highway in Arrowwood. It likewise employed discretion in deciding whether or not to erect a barrier at Beaver Creek.