Pr Of The Estate Of Robert E. Carpine, App./cross-resp. v. Christa Mckillop, Resp./cross-app.

¶1 In a damage action where the amount pleaded is $10,000 or less, a party seeking relief is considered to be the prevailing party when her recovery equals or exceeds the amount she offered in settlement. The party resisting relief prevails if the party seeking relief recovers nothing or less than the resisting party offered in settlement. Here, each party claims to have prevailed, entitling it to a fee award. We conclude that neither party has shown it prevailed.

¶2 Christa McKillop offered to accept $15,392 to settle her personal injury claim, segregated $2,400 to general damages, $2,600 to…