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CUNNINGHAM v. GOETTL AIR CONDITIONING

No. CV-97-0511-PR.

980 P.2d 489 (1999)

194 Ariz. 236

Mark C. CUNNINGHAM and Wendy A. Cunningham, husband and wife, Plaintiffs/Appellees/Cross-Appellants, v. GOETTL AIR CONDITIONING, INC., an Arizona corporation, Defendant/Appellant/Cross-Appellee.

Supreme Court of Arizona, En Banc.

May 19, 1999.

Attorney(s) appearing for the Case

Lewis and Roca, LLP by Susan M. Freeman, Phoenix, Attorney for Appellee, Cross-Appellant.

Jones Skelton & Hochuli by William J. Schrank and Eileen J. Dennis, Phoenix, Attorneys for Appellant, Cross-Appellee.

Plattner Verderame, P.C. by Richard S. Plattner, Gage & Mathers, Ltd. by G. David Gage, Phoenix, Attorneys for Amicus Curie Arizona Trial Lawyers Association.

Morrison & Hecker, LLP by Michael L. Parrish and Monty L. Greek, Phoenix, Attorneys for Amicus Curie State of Arizona.

Snell & Wilmer, LLP by John J. Bouma, Sr. and Patrick G. Byrne and Jennifer L. Hadley, Phoenix, Attorneys for Amicus Curie Arizona Association of Defense Counsel.

O P I N I O N

McGREGOR, Justice.

¶ 1 Goettl Air Conditioning (Goettl) and Washington Street Investments (WSI) entered a lease agreement that included a provision requiring Goettl, the lessee, to indemnify and hold harmless WSI, the lessor, against specified claims and expenses. We accepted review to determine whether and, if so, to what extent, Goettl is bound by a stipulated judgment that WSI entered to settle a tort action in which the plaintiff,...

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