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Pearson v. Clucas

Supreme Court of Nevada
May 30, 1973
510 P.2d 629 (Nev. 1973)

Opinion

No. 6962

May 30, 1973

Appeal from summary judgment for defendant. Eighth Judicial District Court, Clark County; Carl J. Christensen, Judge.

Robert K. Dorsey, of Las Vegas, for Appellants.

Hilbrecht, Jones Schreck, of Las Vegas, for Respondent.


OPINION


Pearson, as subrogor, and Allstate Insurance, as subrogee, commenced a spurious action against Frank Clucas to recover compensation for damage to an automobile. Clucas was forced to defend or suffer default. He engaged attorneys to represent him who filed an answer pointing out that he was not liable as a matter of law, and counterclaimed for damages in the form of attorneys' fees necessarily incurred. American Fed. Musicians v. Reno's Riverside, 86 Nev. 695, 699, 475 P.2d 220 (1970).

Realizing that Clucas was not liable, the plaintiffs then offered to dismiss their complaint with prejudice and to pay the costs incurred by Clucas. That offer was not accepted. Subsequently, summary judgment was entered for Clucas and attorneys' fees in the form of damages awarded. Contrary to plaintiffs-appellants' contention, the "offer of judgment" rule, NRCP 68, does not preclude that award.

Affirmed.


Summaries of

Pearson v. Clucas

Supreme Court of Nevada
May 30, 1973
510 P.2d 629 (Nev. 1973)
Case details for

Pearson v. Clucas

Case Details

Full title:STEPHEN MARK PEARSON AND ALLSTATE INSURANCE COMPANY, APPELLANTS, v. FRANK…

Court:Supreme Court of Nevada

Date published: May 30, 1973

Citations

510 P.2d 629 (Nev. 1973)
510 P.2d 629

Citing Cases

Anderson v. Weise

The award was permissible. City of Las Vegas v. Bailey, 92 Nev. 756, 558 P.2d 622 (1976); Pearson v. Clucas,…