Bank One v. Koch

¶ 1. Donald Stair seeks compensation for attorney fees he incurred in defending himself against a foreclosure action premised on a forged signature notarized by a bank employee. He argues that Wxs. Stat. § 137.01(8) (1999-2000), 1 which holds a notary public liable for "all the damages" resulting from neglect of duty, incorporates attorney fees as compensatory damages. We determine that the statute's reference to "all damages" incorporates the American rule of damages that attorney fees are not recoverable by a prevailing party unless certain exceptions apply. Because none of the exceptions…