1800 OCOTILLO, LLC v. WLB Group, Inc.

OPINION

TIMMER, Judge.

¶ 1 1800 Ocotillo, LLC (“Ocotillo”) appeals the trial court’s grant of partial summary-judgment in favor of The WLB Group, Inc. (“WLB”) and the trial court’s order limiting Ocotillo’s recoverable damages to the fees Ocotillo has already paid to WLB. We must decide whether Arizona’s public policy prohibits enforcement of a contractual provision that limits the liability of a design professional for its sole negligence and, if not, whether a jury must always decide the enforceability of such a provision pursuant to Article 18, Section 5, of the Arizona Constitution. For the…