30 May 2006
GIBSON V COTTER HC AK CIV 2005-404-6935
- Citation
- openlaw-a7f5ebae_c1f7_4116_8d5a_3a0bca67dc8b.pdf
- Court
- High Court
The pleaded causes of action rely on the content of the defendant's statements and the brief of evidence prepared for and communicated in the context of judicial proceedings; those matters are protected by witness immunity and therefore the pleaded claims are untenable. Summary judgment was inappropriate, but the proper remedy is to strike out the statement of claim as presently pleaded; the plaintiff is not precluded from bringing a properly constituted claim if one exists.