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SHORT v. PETTY

No. 1 CA-CV 05-0471.

139 P.3d 621 (2006)

213 Ariz. 103

Leanne SHORT and Lawrence M. Short, wife and husband, Plaintiffs/Appellees, v. Dwyatt PETTY and Garnavieve Beeson, husband and wife, Defendants/Appellants.

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

July 27, 2006.

Attorney(s) appearing for the Case

Bohm, Boyle & Jones, P.C. By Joseph M. Boyle, James B. Galbraith, Phoenix, Attorneys for Plaintiffs-Appellees.

The Cavanagh Law Firm, P.A. By Joel DeCiancio, Christopher Robbins, Phoenix, Attorneys for Defendants-Appellants.

OPINION

BARKER, Judge.

¶ 1 Defendants made a joint offer of judgment under Arizona Rule of Civil Procedure 68 ("Rule 68") to plaintiffs, a husband and wife. The wife's claim was for personal injuries and her husband had a derivative claim for loss of consortium. Plaintiffs rejected the joint offer of $100,000 and recovered only $20,000 in a joint verdict. The trial court refused to impose sanctions and found that a joint offer of judgment must be apportioned...

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