James Adkinson and Bethany R. Adkinson v‪.‬

RABINOWITZ, Justice. OPINION This appeal arises out of a wrongful death action instituted by Walter E. Butts, Jr., against James Adkinson for the fatal shooting of Butts' son, Steven Butts. Adkinson had been previously tried and convicted in superior court of manslaughter for the fatal shooting of Steven Butts. Adkinson's manslaughter conviction was subsequently upheld on appeal by this court. Adkinson v. State, 611 P.2d 528 (Alaska 1980), cert. denied, Adkinson v. Alaska, 449 U.S. 876, 66 L. Ed. 2d 97, 101 S. Ct. 219 (1980). Of significance to the resolution of this appeal is the following portion of our opinion in Adkinson, 611 P.2d at 530-31: At trial, prosecution and defense witnesses offered differing accounts of how the shooting occurred. Butts' two companions testified that Adkinson was upset as he approached them, and that although they were conciliatory, Adkinson was belligerent, waving his shotgun around, and eventually, when he was within inches of Steven Butts, pointing the gun directly at him moments before it discharged. Adkinson took the stand in his own defense and denied pointing his gun at Butts. Both Adkinson and his wife testified that the weapon was pointed to the side of Butts. Adkinson testified that Butts was agitated, building himself up into a frenzy, and attempted to grab the weapon from Adkinson's hands, thereby pulling it towards himself when it discharged. 1