Velvet Sue Dildine v. James Frichtel

On March 13, 1988, Filed, just before midnight, plaintiff, Velvet Sue Dildine, walked across her boyfriend's front lawn to pick up his newspaper and tripped over that portion of a white PVC sewer cleanout pipe servicing the property which protruded above ground. She fell and broke her wrist. She filed a suit against her boyfriend's landlord, James Frichtel, Thomas Frichtel, and Steve Frichtel, d/b/a Frichtel Brothers Construction Company, for personal injuries and against landlord's insurer, American Family Mutual Insurance Company, for medical payments and vexatious refusal to pay. The jury found plaintiff's personal injury damages to be $6,375 and assessed 67% of fault to landlord. The jury also found insurer liable for $605 in medical bills and $8,500 in attorney's fees. The trial court entered judgment in accord with the verdicts. Both landlord and insurer appeal. We reverse the judgment against landlord for failure to make a submissible case. We reverse the damage judgment against insurer for $605 and remand with directions to enter judgment for plaintiff and against insurer in the amount of $145. We affirm the award of attorney's fees against insurer in the amount of $4,647.07 on condition of plaintiff's remittitur of $3,852.93. Otherwise, we reverse and remand for new trial on the amount of attorney's fees.