Layton v. Heinlein

Miller, J.:

Plaintiffs have appealed from the denial of attorney fees in an action for damages arising from a motor vehicle accident.

The accident occurred on December 28, 1987, in the parking lot of a shopping mall when a car driven by the defendant, Cindy Heinlein, ran through a stop sign painted on the surface of the parking lot and collided with a car being driven by Michael Layton.

The Laytons obtained an estimate that the cost to repair their car would total $1,614.32, and their attorney then sent a letter to Heinlein notifying her that she owed them that amount. In response, Heinlein, who…