House v Stone

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 [and] 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.

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Having determined that the trial court failed to make sufficient findings for our review under Washington, we need not address plaintiff's third assignment of error that the trial court abused its discretion in failing to award attorney's fees.

Reversed and remanded for additional findings consistent with this opinion.

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