Hicks v. Albertson

BALEY, Judge.

In this appeal the defendant seeks to avoid the payment of an attorney fee under G.S. 6-21.1 upon the ground that his offer of judgment and its acceptance by the plaintiff eliminated any trial, and that only a presiding trial judge can allow an attorney fee to the successful litigant. We do not agree.

Ordinarily, in the absence of any contractual or statutory liability, attorney fees are not recoverable as an item of damages or part of the costs of litigation. Piping, Inc. v. Indemnity Co., 9 N.C. App. 561, 176 S.E. 2d 835; Perkins v. Insurance Co., 4 N.C. App. 466, 167 S.E. 2d 93.