Ference v. Kirschner

Appellant, the State of Arizona, filed an indemnification action against appellee C & H Nationwide, Inc. (C & H), for settlement money paid as a result of a fatal traffic accident involving an oversize load transported by C & H. The state appeals from the trial courts denial of its motion for summary judgment and the granting of C & Hs cross-motion for summary judgment after finding that the states indemnity action was beyond the scope of its statutory authority. On cross-appeal, C & H challenges the trial courts denial of its motion for attorneys fees. For the reasons stated below, we affirm both rulings.