Ponderosa Plaza v. Siplast

OPINION

WEISBERG, Judge.

This case arises out of a dispute over repairs to a damaged roof. The novel issue we address is whether travel expenses of out-of-state witnesses are allowable as costs pursuant to Ariz.Rev.Stat.Ann. (“A.R.S.”) section 12-332. We hold that they are not.

FACTS AND PROCEDURAL HISTORY

Appellant Ponderosa Plaza (“Ponderosa”) is the owner of Ponderosa Plaza Mall in Prescott, Arizona. In 1983, the mall roof sustained hail damage. Ponderosa’s insurance company, United States Fidelity and Guarantee Co. (“USF & G”), retained Richard Andrews (“Andrews”), a roofing consultant, to…