Jacobsen v. Trussell

I believe that the trial court erred in determining that Ray Jacobsen and Allstate Insurance Company (“Allstate”),1 the appellants and the defendants below, were not entitled to attorney’s fees and costs pursuant to section 768.79, Florida Statutes (1995), the offer of judgment statute.

Driving a pick-up truck, the appellee, Linda Trussell, entered Interstate 75 at the State Road 40 interchange near Ocala. Jacobsen, driving a motor home, was in the right lane of 1-75 when Trussell merged into the lane in front of him; Ja-cobsen slowed down to allow her to enter and accelerate. Instead,…