Bennett v. Patrick

J. JONES, Justice.

This is an attorney fee case. After prevailing at trial, plaintiffs Mathew Bennett and Benjamin Walton sought fees under I.C. § 12-120(4), which provides for fees in personal injury actions with claims under $25,000. The district court declined to award fees, holding that the plaintiffs waived any entitlement to fees because their complaint sought more than $25,000 each and because they asked for an even greater amount at trial. We reverse the district court’s holding and remand for a determination of fees.

I

BACKGROUND

On October 18, 2007, Bennett and Walton were injured when…