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PRECISION HEAVY HAUL v. TRAIL KING INDUS.

No. 1 CA-CV 08-0107.

228 P.3d 895 (2010)

PRECISION HEAVY HAUL, INC. an Arizona corporation, Plaintiff-Appellant-Cross-Appellee, v. TRAIL KING INDUSTRIES, INC. a foreign corporation; Carlisle Companies, Inc. a foreign corporation, Defendants-Appellees-Cross-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

January 20, 2010.

Attorney(s) appearing for the Case

Shorall, McGoldrick, Brinkman P.C. by Thomas J. Shorall, Jr., Scott M. Zerlaut, Phoenix, Attorneys for Precision Heavy Haul, Inc.

Renaud, Cook, Drury & Mesaros, P.A. by John A. Klecan, J. Scott Conlon, Kevin R. Myer, Phoenix, Attorneys for Trail King Industries and Carlisle Companies, Inc.

OPINION

WEISBERG, Judge.

¶ 1 Precision Heavy Haul, Inc. ("Precision") appeals from the trial court's denial of prejudgment interest on a judgment in Precision's favor following a jury trial. The trial court ruled that because the defendant, Trail King Industries, Inc. ("Trail King"), had raised comparative fault as a defense, Precision's claim was for an unliquidated sum and not subject to prejudgment interest. In a separate unpublished memorandum decision...

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