Nicoletti v. Damerow Ford Co.

Defendant appeals from the trial court’s award of attorney fees to plaintiff following a jury award of damages.

Plaintiff brought an action against defendant for damages to his vehicle while in bailment, alleging in his complaint a right to attorney fees pursuant to an agreement with the defendant and praying "$1,750 as reasonable attorney’s fees.” The allegation was denied by defendant in its answer.

The agreement between the parties, which was in the form of a work order, made the following provision for attorney fees:

"If any of such charges remain unpaid for thirty (30) days after such…