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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA02-361 NORTH CAROLINA COURT OF APPEALS Filed: 31 December 2002

JOSEPH M. GURGANUS, Plaintiff, v. KELLY ANN CARTWRIGHT, Defendant. Camden County No. 00 CVS 35

Appeal by defendant from judgment filed 26 October 2001 by Judge James R. Vosburgh in Camden County Superior Court. the Court of Appeals 30 December 2002. D. Keith Teague, P.A., by Danny Glover, Jr., for plaintiff appellee. Hornthal, Riley, Ellis & Maland, Prentiss, for defendant appellant. L.L.P., by Donald C. Heard in

GREENE, Judge. Kelly Ann Cartwright (Defendant) appeals a judgment filed 26 October 2001 ordering her to pay Joseph M. Gurganus (Plaintiff) damages, costs, and attorney's fees. On 19 April 2000, Plaintiff brought suit against Defendant seeking damages for injuries sustained in an automobile accident on Highway 158 in Camden, North Carolina, when Defendant rear-ended the vehicle in which Plaintiff was a passenger. A year after the

-2lawsuit was filed, Defendant, on 5 April 2001, tendered an offer of judgment in the amount of $5,111.86 plus all accrued costs up to the time of the offer. Two weeks later, Defendant made an informal

offer to settle the entire claim for $6,720.00 but noted that any attempt to mediate would be a waste of time. agreement was reached between the parties. On 24 October 2001, a jury awarded Plaintiff $5,217.00 in damages. Plaintiff, by verified motion filed 25 October 2001, No settlement

moved to recover costs and attorney's fees from Defendant pursuant to N.C. Gen. Stat.

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