Thomann v. Fouse

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Tara Thomann sued Seth Fouse for personal injuries arising from a car accident. Fouse unsuccessfully offered to settle the claim for $25,000 plus “medical payments assumed by [Fouse’s] insurance carrier for resolution in a subsequent arbitration.” A jury later returned a verdict resulting in an award that the superior court found to be lower than the pretrial offer. The court thus entered a judgment awarding post-offer costs and attorney’s fees to Fouse under Civil Rule 68. Because Fouse acknowledged below that the agreement for future arbitration…