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eBook details

• Title: Warr v. Williamson
• Author : Supreme Court of Arkansas
• Release Date : January 21, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Gaye N. Warr appeals an order of the Pope County Circuit Court awarding Kathleen Williamson costs under Ark. R. Civ. P. 68 (2003). Warr alleges that Williamson's one dollar offer of judgment under Rule 68 was not a bona fide offer and so could not trigger an award of costs under Rule 68. We reverse the circuit court and hold that the offer of one dollar was not a bona fide or good faith offer as required to trigger an award of costs under Rule 68. We also hold that because the law on what sort of offer is required to trigger costs under Rule 68 was not settled at the time Williamson made the offer of judgment, sanctions under Ark. R. Civ. P. 11 (2003) were not proper, and we affirm the circuit court's denial of sanctions. Facts On July 26, 2000, Warr was a passenger in a car on Interstate 40 that was struck from behind. Warr filed a complaint against Williamson and Richard D. Kennedy on April 11, 2001, based in negligence. She alleged that Williamson was driving a car that struck a car driven by Kennedy, and that ""one or both"" of the cars struck the vehicle in which she was riding. By way of an Offer of Judgment dated August 6, 2001, Williamson offered to have judgment entered against her in the ""total sum of $1.00"" in settlement of the lawsuit. The offer was never accepted by Warr, and the case went to trial on June 3, 2003. At trial, the jury returned a verdict finding Williamson zero percent at fault and Kennedy 100 percent at fault. The judgment states, ""IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED that the Complaint of Gaye N. Warr against Kathleen C. Williamson is hereby dismissed with prejudice."" After entry of the judgment, Williamson brought a motion for costs under Rule 68. Warr responded to the motion for costs by arguing that the ""Arkansas courts have clearly held that a bona fide offer must be made for Rule 68 to apply."" Warr further argued that the offer of one dollar was a ""bogus offer"" and an ""attempt to circumvent and abuse the purposes of Rule 68 . . . ."" Warr also argued that costs were discretionary and not mandatory. The motion for costs was granted in an order entered October 15, 2003.

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