Legal Opinion

Hicks v. Lloyd's General Insurance Agency, Inc.

Supreme Court of Oklahoma

Decided September 20, 1988No. 64035PublishedCited by 28 opinions

1Opinion of the Court

HODGES, Justice.

The issue on appeal is whether the defendant is the “prevailing party” when it makes a formal offer to allow judgment to be taken and the plaintiff refuses that offer and proceeds to trial where he recovers less than that offer. The dispute concerns whether the defendant can recover its attorney’s fees under 12 O.S. 1981 § 936 for the period after the offer until the judgment was rendered.

The facts are undisputed. Plaintiff, Ken Hicks (Hicks), brought this suit seeking to recover $186,000 for the breach of an employment contract. Defendant, Lloyd’s General Insurance Agency,…

2Cases cited3 opinions

  1. Wieland v. Danner Auto Supply, Inc.Supreme Court of Oklahoma · 1984
  2. Sisk v. Sanditen Investments, Ltd.Court of Civil Appeals of Oklahoma · 1983
  3. Van Cleave v. Kolpak Builders Co.Court of Civil Appeals of Oklahoma · 1985

3Cited by28 opinions

  1. Kay v. Venezuelan Sun Oil Co.Supreme Court of Oklahoma · 1991
  2. Boston Avenue Management, Inc. v. Associated Resources, Inc.Supreme Court of Oklahoma · 2007
  3. Robert L. Wheeler, Inc. v. ScottSupreme Court of Oklahoma · 1991
  4. Rout v. Crescent Public Works AuthoritySupreme Court of Oklahoma · 1994
  5. Doyle v. KellySupreme Court of Oklahoma · 1990

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