AYALA v. OLAIZ

No. 1 CA-CV 88-331.

161 Ariz. 129 (1989)

776 P.2d 807

Esther AYALA and Charles R. Ayala, wife and husband, Plaintiffs-Appellees, v. Augustine M. OLAIZ, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

July 6, 1989.


Attorney(s) appearing for the Case

Skeens & Anderson by Ross Anderson, Sheila E. Harmer, Phoenix, for plaintiffs-appellees.

Fritz & Childers by Michael J. Childers, Jeffrey H. Wolf, Mesa, for defendant-appellant.


OPINION

BARRY G. SILVERMAN, Superior Court Judge.

The issue in this appeal is whether a plaintiff in a comparative negligence personal injury case, involving no counterclaim, is the "successful party" entitled to recover 100% of her costs even though the jury determined that she was 65% at fault. We agree with the trial judge that plaintiff is the prevailing party in these circumstances and entitled to recover all of her taxable costs.

FACTS

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