(DOWNLOAD) "City Nampa v. Thomas J. Mcgee" by 13932 Supreme Court of Idaho Nos. 13931 ~ eBook PDF Kindle ePub Free
eBook details
- Title: City Nampa v. Thomas J. Mcgee
- Author : 13932 Supreme Court of Idaho Nos. 13931
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
These are consolidated appeals from judgments in which the sole issue is the trial court's award of attorney's fees to the prevailing parties. We affirm. Plaintiff City of Nampa brought the principal action for negligence against defendants McGee and McKellip for damages resulting from a boiler explosion. Following trial, a verdict was returned finding McGee 70% negligent, City of Nampa 30% negligent, and McKellip 0% negligent. Thereafter, counsel for City of Nampa filed meticulously detailed affidavits accompanying his motion for costs and attorney fees, in which was set forth the novelty and difficulty of the questions presented in the litigation, prevailing attorney fees charges, the reasonableness of a contingent fee charge of $10,650, and concluded that a reasonable attorney's fee to be awarded to the City of Nampa should be the sum of * * * ($9,850.00), pursuant to I.C. § 12-121. (emphasis supplied) Thereafter, McGee filed its motion to disallow numerous items of costs and the claimed attorney's fees. After hearing thereon, the trial court issued a decision in which he, in an equally meticulous fashion, considered and ruled upon all of the contested items of costs disallowing or reducing certain of the contested costs claimed by both City of Nampa and McKellip. The ultimate decision awarded Nampa against McGee $7,350 (of its claimed $9,850) for attorney's fees and $2,923 for costs, for a total of $10,273. McKellip was awarded against Nampa $10,000 in attorney's fees (of its claimed $18,400) and $1,205 costs, for a total of $11,205. This appeal results wherein Nampa and McGee assert error in the award of attorney's fees.
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