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McEVOY v. AEROTEK, INC.

No. 1 CA-CV 00-0521.

34 P.3d 979 (2001)

201 Ariz. 300

Sheila E. McEVOY, a single person, Plaintiff-Appellee, v. AEROTEK, INC., a foreign corporation licensed to do business in Arizona; Shawn R. Dale and Jane Doe Dale, husband and wife, Defendants-Appellants.

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

November 20, 2001.

Attorney(s) appearing for the Case

Sanders & Parks, P.C., by Mark Worischeck, Michele L. Forney, Phoenix, Attorneys for Appellee.

Jardine, Baker, Hickman & Houston, by Gerald T. Hickman, Phoenix, Attorneys for Appellants.

OPINION

PATTERSON, Presiding Judge.

¶ 1 Sheila E. McEvoy received a pretrial settlement of $100,000 from one of two defendants and a jury's award of $75,000 damages was less than the settlement amount. The trial court determined that McEvoy was the successful party for purposes of an award of her costs. The court also denied appellants' request for sanctions against McEvoy due to her non-acceptance of an offer of judgment for the reason that McEvoy...

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