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Neutral Court Opinion May 06, 2026

Michael Carey-Thomann v. University of Alaska, Fairbanks and Board of Regents

── Michael Carey-Thomann v. University of Alaska, Fairbanks and Board of Regents ── Court: Alaska Supreme Court Date: May 01, 2026 Category: General Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email [email protected]. THE SUPREME COURT OF THE STATE OF ALASKA MICHAEL CAREY-THOMANN, ) ) Supreme Court No. S-19081 Appellant, ) ) Superior Court No. 4FA-22-01389 CI v. ) ) OPINION UNIVERSITY OF ALASKA ) FAIRBANKS and BOARD OF ) No. 7809 – May 1, 2026 REGENTS, ) ) Appellees. ) ) Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Brent E. Bennett, Judge. Appearances: Sandra K. Rolfe and Mike A. Stepovich, Fairbanks, for Appellant. Kristin E. Crabb, Guess & Rudd P.C., Anchorage, for Appellees. Before: Carney, Chief Justice, and Borghesan, Henderson, Pate, and Oravec, Justices. HENDERSON, Justice. INTRODUCTION A blind student fell off the balcony of a building on his university campus when he mistook a guardrail for a bench and climbed over it. He sued the university for negligence. The superior court granted summary judgment to the university, finding that it owed no duty to the student that could sustain a negligence claim. The student appeals. Because our precedent establishes that a defendant has no duty to protect a plaintiff from risks created by his own conduct, we affirm the grant of summary judgment to the university. FACTS AND PROCEEDINGS A. Facts 1. Background Michael Carey-Thomann has been blind since he was a child. He was a student at University of Alaska Fairbanks (UAF) and began living on campus around 2017. When navigating around campus he would follow set paths to avoid getting lost. He would sometimes climb over metal benches when walking around campus. At some point during his time as a student, a UAF representative showed Carey-Thomann around parts of the UAF campus, though they did not visit every area of campus. Carey-Thomann recalled that the representative “did not show . . . or explain . . . the areas that [he] should stay away from or that were unsafe areas for someone who is blind.” The representative showed Carey-Thomann the interior of the student union building, known as the Wood Center, and described the lower-level courtyard outside that building, but did not inform Carey-Thomann that the Wood Center had a second-story balcony protected by a guardrail. 2. The accident In March 2020, UAF granted Carey-Thomann special permission to remain living in his UAF dormitory during an emergency closure due to the COVID-19 pandemic. Later that month, Carey-Thomann attempted to get dinner at the convenience store in his dorm complex, but it was closed. He proceeded to the north entrance of the Wood Center to get dinner at the dining area there, but found the doors were locked. A fellow student helped Carey-Thomann walk downstairs to a lower entry to the Wood Center, which was open. Carey-Thomann was unfamiliar with the lower entry, which was not part of one of his established routes. The student who showed -2- 7809 him the entry did not descri
CourtListener · May 01, 2026
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