Oakes v. Wooten

HUNTER, Judge.

Margaret Talley Wooten (“Wooten”) and Steven Edward Wooten (“Steven”) (collectively “defendants”) appeal from a judgment entered 15 September 2003 consistent with a jury verdict finding defendants negligent, and from an order entered 23 January 2004 awarding costs and attorneys’ fees. For the reasons stated within, we reverse the trial court’s award of attorneys’ fees and costs to plaintiffs pursuant to Rule 37 and award of certain costs pursuant to N.C. Gen. Stat. § 6-20, and affirm as to all other issues.

The evidence presented tended to show that on 6 November 1999, Ray Allen…