FAMILY FUN – Crystal Johns holds her son Zayne , 2, as she follows her son Ezekiel, 4, up an inflatable slide Saturday at Xoots Elementary School during the annual Spring Carnival. The event included games, prizes, cotton candy, and karaoke. (Sentinel Photo by James Poulson)
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Sentinel Staff Writer
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April 17
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By SHANNON HAUGLAND
Sentinel Staff Writer
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Sentinel Staff Writer
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Sitka police received the following calls by 8 a.m. today:
April 16
At 8:07 a.m. a woman [ ... ]
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Sentinel Staff Writer
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Chamber Speaker
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Daily Sitka Sentinel
Judge Hears Motion In Landslide Lawsuit
By SHANNON HAUGLAND
Sentinel Staff Writer
The trial date in a damage suit related to the Aug. 18, 2015,Kramer Avenue landslide has been set for Nov. 4, 2019, and is scheduled to last six weeks.
Superior Court Judge Trevor Stephens set the trial date at a hearing at the Sitka courthouse Thursday. Stephens also heard oral arguments for summary judgment submitted by third-party defendant McG Constructors Inc.
Several suits have been consolidated into the one filed by the estates of brothers Ulises and Elmer Diaz against property developer Sound Development LLC and the City and Borough of Sitka, with Sound Development and McG Constructors listed as third-party defendants.
The hearing was conducted through teleconference. Stephens presided from a small conference room, while all of the parties to the suit, including attorneys representing the Diaz family, McG Constructors, the City and Borough of Sitka and Sound Development LLC, participated by speaker phone.
Mediation is scheduled to take place in the next couple of months, the judge said.
The landslide destroyed a house owned by Christine McGraw. In his argument for summary judgment, McG Constructors attorney Paul Waggoner said the Diaz brothers were working on the McGraw house at the time of the landslide that resulted in their deaths. McG was the general contractor building the house, and the Diaz brothers were covered by workers compensation insurance, he said.
“Accordingly the exclusive liability provisions of AS.23.20.055 and AS 23.30.045 apply and McG Constructors Inc. cannot be held liable through negligence suits for the payment of damages,” McG said in court documents.
In opposition, the plaintiffs attorney, Michael Cohn, argued that McG presented no evidence other than a certificate of liability insurance for Four Points Painting, a partnership between the Diaz brothers and Ramon Hernandez.
“Without any other evidence, McG Constructors Inc. conclusively presumes that the exclusive remedy provision applies to any claims against the third-party defendant by the deceased brothers and the other defendants,” Cohn said in his motion in opposition.
The judge said he would consider the matter.
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20 YEARS AGO
April 2004
Photo caption: Sen. Lisa Murkowski talks with students in Karoline Bekeris’ fourth-grade class Thursday at the Westmark Shee Atika. From left are Murkowski, Kelsey Boussom, Laura Quinn and Memito Diaz.
50 YEARS AGO
April 1974
A medley of songs from “Jesus Christ Superstar” will highlight the morning worship service on Palm Sunday at the United Methodist Church. Musicians will be Paige Garwood and Karl Hartman on guitars; Dan Goodness on organ; and Gayle Erickson on drums.
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