State v. Doss

1 We consider whether the trial court erred in awarding attorneys fees to Plaintiff under Arizona Revised Statutes Annotated ("A.R.S.") section 12-341.01(A) (1992). The trial court found for Plaintiff on its negligence claim but not on its contract claim. Because we conclude that Plaintiffs successful negligence claim did not arise "out of a contract," we reverse the award of attorneys fees.