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Hymes v. DeRamus8/26/2005
uttal affidavit, the superior court should consider whether only partial, rather than complete, summary judgment is appropriate. We have observed that "a defendant is not entitled to complete summary judgment in Alaska unless it demonstrates as to each claim against it that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law." The expert affidavit submitted by the defendants to support their motion for summary judgment contained the following caveat:
The following summarizes my opinion concerning only the issue of medical care, based upon concerns raised in the complaint and review of the documentation. It does not attempt to address allegations and attributions of statements to Department of Corrections Medical Staff or others nor does it respond to a series of unsubstantiated complaints including but not limited to: "Someone forgets to dispense medications," "Someone alters paperwork," or "The medication was accepted by FCC but not given to Don," or other allegations concerning co-payment for medical services.
If the affidavit did not address all of the Hymeses' claims, the defendants may not have made out a prima facie showing of entitlement to complete summary judgment. If so, the Hymeses have "no obligation to demonstrate that a genuine factual issue existed" in order to avoid complete summary judgment.
We also observe that "non-technical" claims would not have to be supported by expert evidence.
IV. CONCLUSION
For these reasons, we REVERSE the summary judgment. We therefore also VACATE the attorney's fee award.
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