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COX v. MULLIGAN

No. 30940.

128 P.3d 893 (2005)

142 Idaho 356

Lloyd E. COX, Plaintiff-Appellant, v. Valorie L. MULLIGAN and Charles Cates, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, November 2005 Term.

Rehearing Denied February 9, 2006.

Attorney(s) appearing for the Case

Parsons, Smith & Stone, Burley, for appellant. William A. Parsons argued.

Montgomery Law Offices and Wilbur T. Nelson, Boise, for respondents. Wilbur T. Nelson argued.

EISMANN, Justice.

This is an appeal from the district court's refusal to award the prevailing plaintiff attorney fees pursuant to Idaho Code § 12-120(4). We reverse the district court and award attorney fees on appeal.

I. ANALYSIS

While driving a car owned by Charles Cates, Valorie Mulligan collided with the rear of Lloyd Cox's car, injuring him. He sued Ms. Mulligan and Mr. Cates, and the jury awarded him $2,287.05 in special damages and $6...

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