Miklautsch v. Dominick

RABINOWITZ, Justice.

In this appeal appellant has raised a first impression question concerning interpretation of our rule of civil procedure governing offers of judgment.

In August 1965, appellee instituted a personal injury action against appellant. Subsequently, on May 24, 1967, appellant served and filed with the trial court an offer of judgment in the amount of $2,500 including costs to the date of offer. 1 The offer of judgment was made in conformity with Civil Rule 68.

Some 10 months after the time appellant made this unaccepted offer of judgment, the case was tried before a jury. After…