Niccum v. Enquist

¶1 The question presented here is whether the trial court erred by subtracting costs and attorney fees from an offer of compromise made after an arbitration award when determining an award of attorney fees under MAR 7.3 following a trial de novo. We conclude the trial court properly subtracted costs and fees before comparing the offer of compromise and the verdict. Thus, we affirm the trial court.

FACTS

¶2 Jeffery Niccum filed suit against Ryan Enquist to recover for injuries sustained in an automobile accident. At *498mandatory arbitration, the arbitrator awarded the plaintiff, Mr. Niccum, $24,496…