Craighead v. Carrols Corp.

WYNN, Judge.

The question in this case is whether defendant’s offer of judgment included all costs such as prejudgment interest or whether the offer left the amount of costs to be determined by the trial court. This Court has previously addressed this issue in Harward v. Smith, 114 N.C. App. 263, 441 S.E.2d 313 (1994) and Aikens v. Ludlum, 113 N.C. App. 823, 440 S.E.2d 319 (1994).

This action arose out of injuries plaintiff sustained when she bit down on a piece of metal in a chicken sandwich she purchased at defendant’s restaurant. Defendant’s insurance carrier made a settlement offer and…