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Brunt v. Stoddard

12/28/2001

as pointed to no authority for an award of prejudgment interest in a case such as this one.


CONCLUSION


The judgment of the district court is hereby affirmed, with the exception of the property damage award to Brett Van Brunt. We vacate that award and order entry of an amended judgment reflecting a reduction in the amount corresponding to the percentage of negligence the jury attributed to the plaintiff, Michael Van Brunt.


Van Brunt requests an award of attorney fees on appeal pursuant to I.C. ยง 12-121. However, we conclude that the appeal was not brought, pursued or defended frivolously, unreasonably or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979). Therefore, the request for an award of fees is denied.


Because of the mixed result, no costs are awarded.


Chief Justice TROUT and Justices SCHROEDER, KIDWELL and EISMANN, CONCUR.






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