 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
House v. Stone6/4/2002
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
Brenda House (plaintiff) filed a complaint on 9 July 1999 seeking recovery for her payment of medical bills for injuries suffered by her minor daughter, LaShay House, in an automobile collision on 15 July 1996. In the complaint, a claim was also filed for LaShay House by her guardian ad litem, Luther D. Starling, Jr., which was later voluntarily dismissed without prejudice. Levi Stone (defendant) and Maggie Miller Corprew filed an answer denying liability. Plaintiff later dismissed her claim against Maggie Miller Corprew.
Defendant filed an offer of judgment on 25 July 2000, pursuant to N.C. Gen. Stat. § 1A-1, Rule 68, in the amount of $1,264.00which was "inclusive of all damages attorney's fees taxable as costs[.]" Following a jury trial on 13 November 2000, the jury found defendant negligent and awarded plaintiff $2,348.00.
Plaintiff filed a motion on 21 November 2000 for costs, pursuant to N.C. Gen. Stat. § 6-20, and for reasonable attorney's fees, pursuant to N.C. Gen. Stat. § 6-21.1. An affidavit of L. Lamar Armstrong, Jr., plaintiff's counsel, was filed in support of the motion. Pursuant to N.C. Gen. Stat. § 1A-1, Rule 52, plaintiff also requested "specific findings of fact and conclusions of law with respect to the [trial court's] ruling on plaintiff's motion to tax reasonable attorney's fees" in a motion dated 4 January 2001.
In an order filed 8 January 2001, the trial court denied plaintiff's motion for attorney's fees but granted plaintiff's request for costs in the amount of $1,692.80. From this order plaintiff appeals.
By her first assignment of error, plaintiff contends the trial court failed to make sufficient findings of fact and conclusions of law as required by our Court in Washington v. Horton, 132 N.C. App. 347, 513 S.E.2d 331 (1999), to support its order denying plaintiff's request for attorney's fees.
As a general rule, attorney's fees are not recoverable by the successful party at trial as a part of court costs. Id. at 349, 513 S.E.2d at 333. However, an award of attorney's fees is permitted pursuant to N.C. Gen. Stat. § 6-21.1 (1999), which provides that
n any personal injury or property damage suit, . . . instituted in a court of record,where the judgment for recovery of damages is ten thousand dollars ($10,000) or less, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the litigant obtaining a judgment for damages in said suit, said attorney's fee to be taxed as a part of the court costs.
When determining whether to award an attorney's fee, our Court stated in Washington that pursuant to N.C. Gen. Stat. § 6-21.1 . . . the trial court is to consider the entire record in properly exercising its discretion, including but not limited to the following factors: (1) settlement offers made prior to the institution of the action . . . (2) offers of judgment pursuant to Rule 68, and whether the "judgment finally obtained" was more favorable than such offers . . . (3) whether defendant unjustly exercised "superior bargaining power" . . . (4) in the case of an unwarranted refusal by an insurance company, the "context in which the dispute arose" . . . (5) the timing of settlement offers . . . (6) the amounts of the settlement offers as compared to the jury verdic
Page 1 2 3 4 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|