Legal Opinion
Ayala v. Olaiz
Court of Appeals of Arizona
Decided July 6, 1989No. 1 CA-CV 88-331PublishedCited by 22 opinions
1Opinion of the Court
OPINION
BARRY G. SILVERMAN, Superior Court Judge.
The issue in this appeal is whether a plaintiff in a comparative negligence personal injury case, involving no counterclaim, is the “successful party” entitled to recover 100% of her costs even though the jury determined that she was 65% at fault. We agree with the trial judge that plaintiff is the prevailing party in these circumstances and entitled to recover all of her taxable costs.
FACTS
Esther and Charles Ayala (plaintiff) filed a complaint against Augustine Marcos Olaiz (defendant) seeking damages in excess of $50,000 for injuries Esther…
2Cases cited11 opinions
- Buza v. Columbia Lumber CompanyAlaska Supreme Court · 1964
- Arizona State Board of Directors for Junior Colleges v. Phoenix Union High School DistrictArizona Supreme Court · 1967
- Trollope v. KoernerCourt of Appeals of Arizona · 1973
- Watson Construction Co. v. Amfac Mortgage Corp.Court of Appeals of Arizona · 1979
- Ocean West Contractors, Inc. v. Halec Construction Co.Arizona Supreme Court · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Daily Gazette Co. v. West Virginia Development OfficeWest Virginia Supreme Court · 1999
- Berry v. 352 E. Virginia, L.L.C.Court of Appeals of Arizona · 2011
- Drozda v. McComasCourt of Appeals of Arizona · 1994
- Henry v. CookCourt of Appeals of Arizona · 1996
- Shelby v. Action Scaffolding, Inc.Arizona Supreme Court · 1992
17 more not listed; retrieve them via the Exa API.