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Phillips v. Warren9/3/2002
PUBLISHED
Plaintiff Tina Jeanette Webb appeals from an order on costs and attorneys' fees entered 20 October 2000.
On 2 December 1996, plaintiff and defendant were involved in an automobile accident. Efforts by the parties to settle this matter out of court ensued. On 12 February 1999, plaintiff was offered $6,000 by defendant's insurance carrier. This offer was declined by plaintiff. As settlement efforts had failed, plaintiff filed suit on 12 July 1999.
Along with its answer, defendant filed an offer of judgment pursuant to Rule 68(a) on 3 August 1999. This offer was for "the total sum, in the aggregate, including costs now accrued and attorney's fees, of EIGHT THOUSAND AND NO/100 DOLLARS ($8,000.00)." Plaintiff declined the offer. As of 3 August 1999, plaintiff had incurred costs of $176.00 and reasonable attorneys' fees totaling $4,181.25.
On 29 December 1999, defendant filed another offer of judgment in the amount of $11,000.00. Plaintiff also declined this offer. From 3 August 1999 up to 29 December 1999, plaintiff had incurred costs of $668.16 and reasonable attorneys' fees of $4,649.84. During the same period, defendant had incurred costs of $744.90.
The case went to trial on 28 August 2000. The only issue for the jury were those of proximate cause and damages. The jury returned a verdict in favor of plaintiff in the amount of $6,000.00 entered on 31 August 2000. According to plaintiff, she had incurred costs of $991.31 and attorneys' fees of $10,351.25 since the second offer of judgment. Defendant had incurred costs of $835.45 since the second offer of judgment.
The parties brought respective motions as to the costs of the action. Defendant brought a motion for costs pursuant to Rule 68 on 31 August 2000. Plaintiff brought a motion for costs and attorney fees pursuant to N.C. Gen. Stat. § 6-21.1 (2001) on 12 October 2000.
On 20 October 2000, the Honorable Donald Jacobs entered an order on the parties' motions for costs and attorney fees. This order denied plaintiff's motion for attorney fees under N.C. Gen. Stat. § 6-21.1, allowed in part and denied in part plaintiff's motion for costs, and allowed defendant's motion for costs. Plaintiff appeals from this order.
Plaintiff presents the following questions on appeal: Whether the trial court (1) erred by failing to properly award plaintiff prejudgment interest when it failed to award plaintiff interest for the entire period the action was pending as required by the statute; (2) erred in ordering plaintiff to pay defendant's costs when the sum of the verdict and applicable adjustments exceeded the first offer of judgment; (3) abused its discretion in denying plaintiff's request for reasonable attorneys' fees when its decision was partly based on an error of law and it failed to properly apportion costs between the parties under Rule 68(a); and (4) erred in ordering plaintiff to pay defendant's costs incurred after the second offer of judgment.
Plaintiff contends that the trial court erred in its calculation of the "judgment finally obtained" in this case. Specifically, it is contended that the trial court erred by not attributing the full amount of plaintiff's costs and prejudgment interest to the judgment finally obtained for purposes of Rule 68 motions for costs.
THE ORDER
The 20 October 2000 order by Judge Jacobs on costs and attorneys' fees found that the "predominant issue giving rise to this litigation and carrying the case through trial appears to have been whether the Plaintiff's medical care and expenses which she attributes to the accident were in fact reasonable and necessary in light of her injurie
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