Hicks v. Clegg's Termite & Pest Control, Inc. ( 1999 )

Judge Walker

concurring.

I write to express my concern over the language in N.C. Gen. Stat. § 6-21.1 (1997). The statute allows recovery of attorney fees at the discretion of the trial court in personal injury or property damage suits, which seems to allow recovery only in cases arising out of negligence. It is true that attorney fees are recoverable only when expressly granted by statute. See Construction Co. v. Development Corp., 29 N.C. App. 731, 734, 225 S.E.2d 623, 625, disc. review denied, 290 N.C. 660, 228 S.E.2d 459 (1976). However, our Supreme Court held in Hicks v. Albertson, 284 N.C. 236, 239, 200 S.E.2d 40, 42 (1973), that this statute “should be construed liberally to accomplish the purpose of the Legislature and to bring within it all cases fairly falling within its intended scope.” The General Assembly should extend this statute to clearly permit recovery of attorney fees in cases such as this.