Narrative Opinion Summary
The court reviewed whether the court of appeals incorrectly determined that Qwest Corporation's tariffs limited its liability for service interruptions to non-customer US Airways, Inc., and whether Qwest contractor ELM Locating and Utility Services owed a duty to US Airways. The court affirmed the court of appeals' conclusions on these matters as outlined in paragraphs 1-30 of its opinion. Additionally, while the court did not grant review of the issues in paragraphs 31-35 of the opinion, it decided to depublish those paragraphs. Jurisdiction is established under article 6, section 5(3) of the Arizona Constitution and AR.S. 12-120.24.
Legal Issues Addressed
Duty of Care by Contractorssubscribe to see similar legal issues
Application: The court agreed with the lower court's conclusion that ELM Locating and Utility Services, as a contractor, did not owe a duty of care to US Airways, Inc.
Reasoning: The court reviewed whether the court of appeals incorrectly determined... whether Qwest contractor ELM Locating and Utility Services owed a duty to US Airways.
Jurisdiction under Arizona Lawsubscribe to see similar legal issues
Application: The court established its jurisdiction in this matter based on the provisions of the Arizona Constitution and state law.
Reasoning: Jurisdiction is established under article 6, section 5(3) of the Arizona Constitution and AR.S. 12-120.24.
Limitation of Liability in Tariffssubscribe to see similar legal issues
Application: The court affirmed that Qwest Corporation's tariffs effectively limited its liability for service interruptions to entities that were not its customers, such as US Airways, Inc.
Reasoning: The court reviewed whether the court of appeals incorrectly determined that Qwest Corporation's tariffs limited its liability for service interruptions to non-customer US Airways, Inc.