Myong S. Thayer Killed On Ketchikan Dock. Claims?

Ward Merdes
Attorney
(866) 735-1102 Ext 455
Posted by Ward MerdesSeptember 20, 2007 11:10 AM

Associated Press reported on September 18, 2007 that Myong S. Thayer was killed while walking on a dock in Ketchikan, Alaska. She was apparently struck by an amphibious tour vehicle. Ms. Thayer, a California resident, was a passenger from the cruise ship Norwegian Star. The accident happened on the wooden dock portion of Beth II, between the north entrance and the Ketchikan Visitors center.

Recognizing that amphibious tour vehicles just aren't supposed to kill tourists on the Ketchikan docks, Ms. Thayer's family needs to immediately...

One: Get a copy of the police report from the Ketchikan police department. Write to: Ketchikan Police Department 361 Main Street Ketchikan, Alaska 99901 and include a Self Addressed Stamped Envelope. Be sure to cite Alaska Statutes 47.12.310, which addresses Agency records involving crimes against minors - and arguably against those of majority: "(c) A state or municipal law enforcement agency ... (5) may disclose to a victim information, including copies of reports, as necessary for civil litigation or insurance claims pursued by or against the victim." Also, reference Alaska Statutes 12.55.023, which addresses a victim's right to participate in sentencing: " (a) If a victim requests, the prosecuting attorney shall provide the victim, before the sentencing hearing, with a copy of the following portions of the presentence report: (1) the summary of the offense prepared by the Department of Corrections; (2) the defendant's version of the offense; (3) all statements and summaries of statements of the victim; and (4) the sentence recommendation of the Department of Corrections."

Two: Find out who is responsible for the incident. That is the defendant. Send them a notice of claim, in writing, as a family member.

Three: Remember that you are entitled to file a claim for wrongful death pursuant to Alaska Statute 09.55.570 and Alaska Statute 09.55.580. Finally,

Four: Keep an eye on the Statute of Limitations. In Alaska, you have two years to file a court case, or settle, claims arising from wrongful death. If you wait too long, you will lose all of your rights. It would be really smart to contact an attorney right now.

Finally, the Thayer family is in our prayers. It has been a tough year for folks getting killed in Alaska accidents. We are sorry it had to happen to you.

For more information on this subject matter, please refer to the section on Wrongful Death.


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