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Cikan v. ARCO Alaska12/16/2005
assuming that the 1991 accident resulted in mentally disabling injuries, ARCO contended, Cikan's suit against Kalamarides conclusively demonstrated that she had recovered her competency by 1995, when that action was filed:
Her allegations in her pro se complaint against Joseph Kalamarides demonstrate (1) that the plaintiff understood all the elements of her personal injury cause of action, (2) that she understood the statute of limitations, and (3) that she was capable of making "prompt and diligent efforts" in this matter.
In opposing ARCO's motion, Cikan filed an affidavit from Dr. Aron Wolf, a psychiatrist who had recently examined Cikan and diagnosed her as suffering from "post-concussion syndrome originating from a concussion that she sustained as a result of a fall on December 17, 1991." Dr. Wolf stated that her condition manifested itself in "confusion, personality changes, disorganization, and severe decrements in mathematical ability." Dr. Wolf further explained: "On review of the records, it is clear to me that the picture of the symptoms of the post-concussion syndrome did not become evident to either Ms. Cikan or her physicians until a number of years after the accident and thus not filing the lawsuit until she was aware of her symptom complex would be consistent with her injuries." In addition to Dr. Wolf's affidavit, Cikan's opposition included voluminous records intended to document her post-accident employment history and medical treatment, as well as many affidavits from family members and acquaintances, who generally described changes in Cikan's behavior and mental state consistent with the symptoms detected by Dr. Wolf.
In addition, Cikan filed a verified memorandum replying to ARCO's contention that her 1995 suit against Kalamarides amounted to conclusive proof of her competency when that action was filed. Cikan insisted that, because of the head injury she sustained in the 1991 accident, she "was not able to fully comprehend the circumstances" at the time of that suit, and "was not mentally able to file this lawsuit until actually did so."
While acknowledging that her pleadings in the Kalamarides case could be viewed as circumstantial evidence of her understanding and competency, Cikan advanced an alternative explanation; disavowing her claims to the contrary in her complaint against Kalamarides, Cikan maintained:
I never met Mr. Kalamarides. I only spoke with him once, by phone. He could not see me and could not tell whether I understood the implications of what he was saying, specifically whether I understood the concept of a statute of limitations. I did not; nor did I understand the concept of tolling until after I had filed this lawsuit against ARCO. The fact that he even wrote me a letter may be reflective of (1) the fact that I was very confused when we talked, and (2) my head injury.
Cikan further pointed out that when she sued Kalamarides,
he only document I filed in that case was the complaint, which was drafted by an attorney I had hired for that limited purpose. He would not represent me. Mr. Kalamarides received summary judgment by default. As he stated in his affidavit, I had been totally confused about the number of times I had contacted him. Not only was I wrong factually, but I never should have sued him.
As explained in this affidavit, then, Cikan's suit against Kalamarides could be viewed as a sign of her ongoing incapacity; or as Cikan put it, "The very filing of that lawsuit shows my mental confusion four years after the accident."
The superior court rejected Cikan's claim of incompetency and granted ARCO's motion for summary judgment, concluding that th
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