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GUNNELL v. ARIZONA PUBLIC SERVICE CO.

No. CV-01-0120-PR.

46 P.3d 399 (2002)

202 Ariz. 388

Stanley and Jennifer GUNNELL, husband and wife, Plaintiffs-Appellants, v. ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

May 13, 2002.

Attorney(s) appearing for the Case

Law Offices of Bruce E. Rosenberg By: Bruce E. Rosenberg, Prescott, and David L. Abney, Phoenix, Attorneys for Plaintiffs-Appellants.

Gaona Moore P.C. By: David F. Gaona and Lewis and Roca, L.L.P. By: Susan M. Freeman, Robert Fisher, Phoenix, Attorneys for Defendant-Appellee.

Beale & Micheaels, P.C. By: Michael A. Beale, Phoenix, Attorneys for Amici Curiae Southwest Gas Corp., Salt River Agricultural Improvement & Power District, Mohave Electric Cooperative, Inc., and Tucson Electric Power Co.

Charles M. Brewer, Ltd. By: Charles M. Brewer, Luis P. Guerra, George H. Lyons, John B. Brewer, Phoenix, and Haralson, Miller, Pitt & McAnally, P.C. By: D. Dale Haralson, Tucson, Attorneys for Amici Curiae Charles M. Brewer, Ltd., and Haralson, Miller, Pitt & McAnally, P.C.

Osborn Maledon, P.A. By: David G. Campbell, Thomas L. Hudson and Fennemore Craig, P.C., Phoenix, By: Timothy Berg, Theresa Dwyer, Tucson, Attorneys for Amici Curiae CoxCom, Inc., Arizona Cable Telecommunications Association, and Qwest Corporation.

OPINION

FELDMAN, Justice.

¶ 1 Stanley and Jennifer Gunnell petitioned for review from the court of appeals' affirmance of summary judgment in favor of Arizona Public Service Company (APS). We granted review to resolve an issue of statewide importance—whether and how the principles of comparative negligence can be applied in a case involving the Underground Facilities Act, A.R.S. §§ 40-360.21 to 40-360.32. We have jurisdiction pursuant...

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