Campbell v. Mountain States Telephone & Telegraph Co.

OPINION

EUBANK, Judge.

FACTS AND ISSUES

The primary question raised by this appeal is whether A.R.S. § 40-241 et seq., and § 40-321 et seq., or the doctrine of primary jurisdiction, require the appellant, Madeline Campbell, to assert her tort and breach of contract claims against appellees in a complaint to the Arizona Corporation Commission before suing on those claims in Superi- or Court. The trial court was of the opinion that such “prior resort” to the Commission was required and granted appellees’ Motion to Dismiss, made pursuant to Rule 12, Rules of Civil Procedure, 16 A.R.S. Appellant…