Cox v. Mulligan

EISMANN, Justice.

This is an appeal from the district court’s refusal to award the prevailing plaintiff attorney fees pursuant to Idaho Code § 12-120(4). We reverse the district court and award attorney fees on appeal.

I. ANALYSIS

While driving a car owned by Charles Cates, Valorie Mulligan collided with the rear of Lloyd Cox’s car, injuring him. He sued Ms. Mulligan and Mr. Cates, and the jury awarded him $2,287.05 in special damages and $6,000.00 in general damages, for a total award of $8,287.05. Following the jury trial, Cox requested an award of attorney fees pursuant to Idaho Code §…