1. Home
  2. Browse Decisions
  3. P.3d
  4. 196 P.3d
  5. 196 P.3d 222 (2008)
 

1800 OCOTILLO, LLC v. WLB GROUP, INC.

No. CV-08-0057-PR.

196 P.3d 222 (2008)

1800 OCOTILLO, LLC, an Arizona limited liability company, Plaintiff/Appellant, v. The WLB GROUP, INC., an Arizona corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

November 3, 2008.

Attorney(s) appearing for the Case

Tiffany & Bosco, P.A. By Dow Glenn Ostlund, Tracy S. Morehouse, Kevin P. Nelson, Phoenix, Attorneys for 1800 Ocotillo, LLC.

Bonnett, Fairbourn, Friedman & Balint, P.C. By Jerry C. Bonnett, Meredith L. Vivona, Phoenix, Attorneys for the WLB Group, Inc.

Folk & Associates, P.C. By P. Douglas Folk, Phoenix, Attorneys for Amici Curiae American Council of Engineering Companies of Arizona, ASFE, AIA Arizona, and Arizona Professional Land Surveyors.

OPINION

BALES, Justice.

¶ 1 This case involves a contract providing that a surveyor's liability to its client for negligently performing work may not exceed the surveyor's fees. We hold that the liability-limitation clause is neither contrary to public policy nor subject to Arizona's constitutional requirement that the defense of assumption of risk always be submitted to a jury.

FACTS AND PROCEDURAL HISTORY

¶ 2 The WLB Group,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases