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Auber v. Marc Glassman5/30/2002
dicates that the parties "shall indemnify and save each other harmless from legal action, damages, loss, liability, and any other expenses *." (Emphasis added). We agree. The words "any other expenses" should be given their plain meaning and must therefore include all expenses arising out of the incident including attorney fees and other associated expenses. However, we find that the trial court erred when it awarded Marc's $6,800 in attorney fees and $350 in litigation expenses.
. In order to allow an award of attorney fees, there must be evidence concerning the proper measure of such fees. Hutchinson v. J.C. Penney Cas. Ins. Co. (1985), 17 Ohio St.3d 195, 200. The factors to consider when awarding attorney fees are: (1) the time and labor involved in maintaining the litigation; (2) the novelty, complexity, and difficulty of the questions involved; (3) the professional skill required to perform the necessary legal services; (4) the experience, reputation, and ability of the attorneys; and (5) the miscellaneous expenses of the litigation. Id. Additional factors to consider are "the fee customarily charged in the locality for similar legal services" and "the amount involved and the results obtained." DR 2-106(B), Code of Professional Responsibility.
. Here, in support of its second motion for summary judgment, Marc's attached the affidavit of Beth Weiner, Chief Financial Officer of Marc's, which stated the following:
. To date, Marc's has incurred $14,325.00 in attorney's fees and $546.21 in litigation expenses in defending Mrs. Auber's claims up to the date of settlement of those claims on August 2, 2001.
. FURTHER SAYETH AFFIANT NAUGHT.
. Beth Weiner
. This is not evidence in accordance with the Hutchinson rationale. The trial judge was left to speculate what reasonable attorney fees should be. This award cannot stand without some evidentiary support pursuant to Hutchinson. Accordingly, we reverse the award of attorney fees and remand for a redetermination of such fees.
Judgment affirmed in part; reversed and remanded in part.
It is ordered that appellant/cross-appellee and appellee/cross-appellant shall each pay their respective costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. MICHAEL J. CORRIGAN, P.J., and
COLLEEN CONWAY COONEY, J., CONCUR.
JAMES J. SWEENEY JUDGE
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