US AIRWAYS, INC. v. QWEST CORP.

No. 1 CA-CV 14-0226.

361 P.3d 942 (2015)

US AIRWAYS, INC., Plaintiff/Appellant-Cross Appellee, v. QWEST CORPORATION, a Colorado corporation, Defendant/Appellee-Cross Appellant, Skyline Steel, Inc., an Arizona corporation; One Call Locators, Ltd., d/b/a Elm Locating & Utility Services, a Montana corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1.

October 1, 2015.


Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A. By Kevin D. Neal , Jennifer A. Cranston , Liana J. Garcia , Phoenix, Counsel for Plaintiff/Appellant-Cross Appellee.

Ryley Carlock & Applewhite, PA By Rodolfo Parga, Jr. , Andrea G. Lovell , Phoenix, Counsel for Defendant/Appellee-Cross Appellant Qwest Corporation.

Audilett Kastner, PC By John J. Kastner, Jr. , Tucson, Counsel for Defendant/Appellee One Call Locators, Ltd.

Presiding Judge MAURICE PORTLEY delivered the Opinion of the Court, in which Judge JOHN C. GEMMILL and Judge MICHAEL J. BROWN joined.


OPINION

¶ 1 In this case we address whether a provision in a public utility's tariff,1 which limits the utility's liability for negligence, may limit a non-customer's damages for negligent telecommunication service interruption. US Airways, Inc. ("US Airways") claims that the superior court...

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