agreeing in part and dissenting in part.
I agree the trial court’s judgment should be affirmed except with respect to the attorney’s fees. I believe the trial court abused its discretion in not awarding appellees reasonable attorneys fees. The statute obliges that “. . . reasonable attorney’s fees should be made to mitigate the burden of the expense of litigation for a *591just claimant.” (Emphasis added) A.R.S. § 12-341.01(B). Appellees are deprived of this benefit and their recovery lessened to that extent. Although discretion is vested in the trial court, I am unable to discern any sound basis in this case to support the trial court’s denial. The awarding of fees in a proper case not only assists in making the prevailing party whole, it should tend to heighten the quality of litigation by sifting out some of the chaff. I believe appellants’ position is so without merit that they should to some extent subsidize forcing appellees through litigation.