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Rensenhouse v. Bauer
Citations: 98 P.3d 668; 33 Kan. App. 2d 148; 2004 Kan. App. LEXIS 1092Docket: 91,629
Court: Court of Appeals of Kansas; October 8, 2004; Kansas; State Appellate Court
Sharon Rensenhouse and Grayson Bauer appeal a trial court decision awarding attorney fees to Joel A. Lopez and Blume Tree Services, Inc. Lopez and Blume cross-appeal the fee apportionment. The case arose from a traffic accident on February 6, 2002, where Bauer collided with Lopez's vehicle, causing damage to all three vehicles involved. Rensenhouse, after sending a demand letter to Bauer and receiving no response, filed a negligence claim against Bauer, Lopez, and Blume on July 2, 2002. The jury found Bauer 100% at fault, awarding Rensenhouse $4,785 and Blume $290. Subsequent motions for attorney fees were filed by Lopez and Blume against both Bauer and Rensenhouse, who also sought fees from Bauer. The trial court granted Rensenhouse $6,282 in fees from Bauer, ruled that Lopez and Blume were entitled to fees from Rensenhouse for prevailing on her claim against them, and ordered Rensenhouse to pay them $7,583, which included expert witness expenses. Additionally, Bauer was ordered to pay $3,393 to Lopez and Blume. Rensenhouse contends she should not owe fees to Lopez and Blume, arguing they failed to make a written settlement offer per K.S.A. 2003 Supp. 60-2006, while Lopez and Blume maintain they believed they were not liable for her damages. The court's authority to impose attorney fees is subject to plenary review. Attorney fees can only be awarded if there is statutory authority or a mutual agreement between parties. A trial court lacks the equitable power to impose attorney fees without statutory backing. Under K.S.A. 2003 Supp. 60-2006, in cases seeking property damages of less than $7,500 due to negligent vehicle operation, the prevailing party is entitled to reasonable attorney fees unless they recover no damages or the adverse party made a settlement offer equal to or greater than the amount recovered before the lawsuit commenced. For plaintiffs to receive fees, a written demand for settlement must be sent to the adverse party at least 30 days prior to filing; for defendants to receive fees, they must make a written settlement offer within 30 days of filing their answer. The statute aims to encourage prompt payment of legitimate small claims and discourage unnecessary litigation in automobile negligence cases. In the case of Squires v. City of Salina, it was determined that attorney fees should not be reduced based on the fault of non-driving parties. The ruling emphasized that the statute targets delaying tactics by drivers or their insurers regarding payment of just claims. Lopez and Blume, as nonsettling drivers, did not comply with the statute's notice requirements, leading to an improper award of attorney fees against Rensenhouse, which was subsequently reversed. However, their demand letter for damages to Bauer met the statutory conditions, entitling them to attorney fees from Bauer, affirming the award against him. The decision resulted in a partial affirmation and reversal regarding the attorney fees awarded to Lopez and Blume.