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Phillips v. Warren9/3/2002
s . . . ." Thus, the entire verdict consisted of compensatory damages, which pursuant to N.C. Gen. Stat. § 24-5(b) (2001) is to bear interest from the date of the action until satisfied. Accordingly, the full verdict amount was used in the trial court's determination of prejudgment interest from 12 July 1999, the date the action had been commenced.
As to the issue of attorneys' fees under N.C. Gen. Stat. § 6-21.1, the trial court made several findings of fact as to the factors set forth in Washington v. Horton, 132 N.C. App. 347, 513 S.E.2d 331 (1999):
(a)That the pre-suit settlement offers made by the insurance carrier for the Defendant, which included an offer of $6,000 in February, 1999, were reasonable, especially in light of the fact that the ultimate jury verdict was in the exact amount of $6,000;
(b)There does not appear to have been any exercise of superior bargaining power on behalf of the Defendant or his insurance carrier;
(c)There does not appear to have been any unwarranted refusal to settle on the part of Defendant's insurance carrier, again as evidenced by the pre-suit settlement offers made; and
(d)The settlement offers made by Defendant's insurance carrier came fully five months prior to the institution of suit and nearly a year prior to the expiration of the applicable statute of limitations, and therefore Plaintiff had sufficient time to consider said offers before deciding whether to file suit.
As to reasonable attorney fee amounts, the trial court made the following finding of fact:
10. The Court finds that the Plaintiff did incur reasonable attorneys' fees prior to the first Offer of Judgment of August 3, 1999 in the amount of $4,181.25 and that the Plaintiff incurred reasonable attorneys' fees between the first and second Offers of Judgment in the amount of $4,649.84. The record before the Court fails to demonstrate what amount of attorneys' fees, if any, Plaintiff had incurred at the time the pre-sut settlement offer of $6,000 was made in February, 1999.
However, after reviewing the Washington factors, argument of counsel, and the entire record, the trial court, exercising its discretion, denied plaintiff's motion for attorney fees pursuant to N.C. Gen. Stat. § 6-21.1.
As to the issue of costs, the trial court made the following findings of fact:
13. As to Plaintiff's Motion for Costs . . . the Court is of the opinion that Plaintiff is entitled to recover Court costs up to and including the date of Defendant's first Offer of Judgment, which came on August 3, 1999. According to Plaintiff's Affidavit, Plaintiff incurred recoverable costs to that date of $176. Plaintiff would also be entitled to pre-judgment interest from the date of filing until the Offer of Judgment of August 3, 1999. The Plaintiff is therefore entitled to 22 days' interest on the jury verdict of $6,000, which is $29. Total costs recoverable by the Plaintiff, including court costs and interest, are $205. Plaintiff's remaining costs, which were incurred subsequent to the August 3, 1999 Offer of Judgment, are DENIED. Therefore, in its discretion, the Court hereby ALLOWS Plaintiff's Motion for Costs in part, DENIES Plaintiff's Motion for Costs in part, and enters an ORDER allowing Plaintiff to recover $205 in costs from the Defendant.
14. As the Defendant's Motion for Costs pursuant to Rule 68 of the North Carolina Rules of Civil Procedure, having made the above findings, the Court concludes that as of August 3, 1999, the Plaintiff had a case worth $6,000, as evidenced by the ultimate jury verdict, and had recoverable costs in the amount of $205. The Plaintiff, in the Court's di
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