JOHN A. ARTUKOVICH & SONS, INC. V. RELIANCE TRUCK CO.
614 P.2d 327
NATURE OF THE CASE: Artukovich (P) appealed a judgment in a suit against Reliance (D) for
using its crane without permission.
FACTS: P leased its crane to the Ashton Company. The lease was for a nine-month term.
Ashton hired D to transport the crane from Tempe to Tucson by August 1, 1975. D dismantled
and loaded the crane on its trucks in Tempe for the trip to Tucson. D was notified of the
arrival in West Phoenix of a 246,000 lb. transformer that D had previously contracted to put
into place at a West Phoenix Arizona Public Service sub-station. D called Ashton's equipment
manager to request permission to use the crane to unload the transformer prior to the trip
to Tucson. D moved to crane to the West Phoenix jobsite on Thursday and reassembled it on
Friday before Ashton told D, 'That the deal would have to be made with P.' D already owed
another Artukovich Company some money. D used the crane without ever having received
permission from P. The crane was then delivered to Tucson where after replacement of the
cable and a safety inspection it was used by Ashton pursuant to the lease. D did not make
any further efforts to seek out P and pay a rental fee for the use of the crane. P sued D on
three counts: Counts I and III sounding in tort for the act of conversion and Count II on an
implied contract theory. P got a judgment for: use of the crane (one-month minimum rental)
$5,500.00; Crane inspection fee, $493.05; Replaced cable, $963.54; Attorney's fees in the
amount of $3,500.00; Punitive damages in the amount of $2,500.00. D motion for a new trial
over the correctness of awarding attorney's fees and punitive damages in the same action,
and P's judgment for the lump sum of $12,956.59 was vacated and P was given judgment in the
amount of $6,956.59 for actual damages and $6,000.00 punitive damages plus costs. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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