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| Case Name | St. Paul Travelers Ins. Co. v. Mark Davis Masonry, Inc. | |
|---|---|---|
| Date | 02/14/2008 | |
| Note | [Unpublished] A party seeking nonstatutory costs or expenses (such as expert witness fees) under a contractual prevailing-party attorney fees clause must plead and prove its entitlement to those costs or expenses. Travelers failed to do so. | |
| Citation | G037661 | |
| WCC Citation | WCC 33172008 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ST. PAUL TRAVELERS INSURANCE COMPANY, Plaintiff and Respondent, v. MARK DAVIS MASONRY, INC. , Defendant and Appellant. * * * INTRODUCTION St. Paul Travelers Insurance Company (Travelers) paid money to settle a personal injury lawsuit. On September 11, 1999, Darren McLaren and Mark Davis, employees of MDM, were injured when scaffolding erected by Waco collapsed. McLaren, Davis, and Davis's wife filed a personal injury action against RAS, Waco, and other subcontractors on May 4, 2000. The trial court also ruled Travelers could recover the attorney fees it incurred in the indemnity case, and invited Travelers to submit a request for those fees.
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