Two sisters, who alleged they were abused by their grandparents while under the legal custody of Office of Children’s Services (OCS), filed a suit against OCS for damages. The Superior Court entered judgment on jury verdict in favor of the sisters. The OCS appealed.
The Supreme Court of Alaska held that:
- The jury’s allocation of 95% of the fault for the harm suffered by sisters to the OCS, and no fault to grandparents, was irrational and against the weight of the evidence, and
- The trial court was required to review sisters’ allegations of negligence against the OCS to determine if the OCS’s actions were protected by discretionary function immunity.