Martin v. Hartford Accident & Indemnity Co.

VAUGHN, Chief Judge.

The general rule applicable to this case is that in the absence of any statutory liability therefor, attorney’s fees and expenses of litigation incurred by plaintiff against a defendant are not recoverable as an item of damage, either in a contract or a tort action. Construction Co. v. Development Corp., 29 N.C. App. 731, 225 S.E. 2d 623, review denied, 290 N.C. 660, 228 S.E. 2d 459 (1976). See generally Hightower’s N.C. Law of Damages, §§ 9-1 and 9-2. We here affirm the trial court’s order and hold that the general rule applies to this case and that attorney’s fees are…