Fletcher v. Monroe

T1 We granted certiorari to address a single issue: 1 whether an instruction to the jury involving the possibility of a post-judgment attorney fees award in a personal injury case constituted fundamental error 2 requiring a new trial. Although Fletcher did not seek the award of an attorney fee at trial and it is undisputed that the cause of action for personal injury would not support an award for attorney fees, 3 the trial court sua sponte gave an instruction indicating to the jury that its judgment might be increased by a discretionary award of attorney fees. Under these facts, we hold that…