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FURMICK v. MINER

No. COA01-1346.

573 S.E.2d 172 (2002)

Joseph Alan FURMICK, Plaintiff, v. Gregory R. MINER, Defendant.

Court of Appeals of North Carolina.

December 3, 2002.

Attorney(s) appearing for the Case

Blanchard, Jenkins, Miller & Lewis, PA, by Philip R. Miller, III, Raleigh, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Jesse M. Tillman, III, Raleigh, for defendant-appellant.

THOMAS, Judge.

The issue for consideration in this appeal is whether the trial court erred in awarding attorney's fees, costs and prejudgment interest under N.C. Gen.Stat. § 6-21.1.

The jury returned an $812.11 verdict for plaintiff, Joseph Alan Furmick, upon his claim for personal injuries. Defendant, Gregory R. Miner, had earlier filed a $3,671.00 Offer of Judgment. The trial court nevertheless awarded plaintiff $6,500.00 in

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