Olson v. Mountain States Telephone & Telegraph Co.

OPINION

HAIRE, Presiding Judge.

This is an appeal from the granting of summary judgment in favor of appellant, plaintiff below, and against appellee, defendant below, in the amount of $4.87. Appellant’s complaint on appeal is that the court erred in an earlier interlocutory ruling that Section 20(G), General Exchange Tariff, on file with the Arizona Corporation Commission, applied to the case. 1 The crux of the argument between the parties is whether the conduct of appellee in this case falls within the exception to the general limitation on liability of the tariff for “willful and deliberate”…