Croft v. TBR, Inc., 222 W. Va. 224

Summary

The Supreme Court of Appeals of West Virginia held that Rule 68 offers of judgment in Human Rights Act cases did not include attorney fees and costs because the offers did not explicitly state that those amounts were included. The court reversed the circuit court's denial of the plaintiffs' motion and remanded for determination of reasonable attorney fees and costs in addition to the offer amounts. The opinion includes a concurrence and a dissent.

Holdings

1. A Rule 68 offer of judgment in a West Virginia Human Rights Act case does not include attorney fees and costs within the offered amount unless the offer explicitly and unequivocally states that it is inclusive of those fees and costs.
2. The interpretation of the written offers of judgment is reviewed de novo.

Questions Presented

1. Whether the Rule 68 offers of judgment expressly included the appellants' attorney fees and costs.
2. Whether the circuit court erred by denying the appellants' motion for attorney fees and costs in addition to the amounts stated in the offers of judgment.
3. What standard of review governs interpretation of the offers of judgment.

Disposition

reversed_and_remanded