60-2006.
Attorney fees taxed as costs in certain actions involving negligent motor vehicle operation.
(a) In actions brought for the recovery of property damages only of less than $15,000 sustained and caused by the negligent operation of a motor vehicle, the prevailing party shall be allowed reasonable attorney fees which shall be taxed as part of the costs of the action unless:
(1) The prevailing party recovers no damages; or
(2) a tender equal to or in excess of the amount recovered was made by the adverse party before the commencement of the action in which judgment is rendered.
(b) For the plaintiff to be awarded attorney fees for the prosecution of such action, a written demand for the settlement of such claim containing all of the claimed elements of property damage and the total monetary amount demanded in the action shall have been made on the adverse party at such party's last known address not less than 30 days before the commencement of the action. For the defendant to be awarded attorney fees, a written offer of settlement of such claim shall have been made to the plaintiff at such plaintiff's last known address not more than 30 days after the defendant filed the answer in the action.
(c) This section shall apply to actions brought pursuant to the code of civil procedure and actions brought pursuant to the code of civil procedure for limited actions.
History:
L. 1969, ch. 288, § 1; L. 1976, ch. 251, § 28; L. 1977, ch. 205, § 1; L. 1982, ch. 249, § 1; L. 1990, ch. 206, § 1; L. 1995, ch. 240, § 1; L. 2010, ch. 115, § 1; July 1.
Notes of Decisions
Cited in
22
cases, 1978–2015 · leading case:
Chavez v. Markham, 889 P.2d 122 (Kan. 1995).
Chavez v. Markham, 889 P.2d 122 (Kan. 1995).
· cites it 15× “Defendant then filed a K.S.A. 1993 Supp. 60-2006 motion to recover attorney fees.”
Rensenhouse v. Bauer, 98 P.3d 668 (Kan. Ct. App. 2004).
· cites it 8× “The trial court held that Rensenhouse had complied with the requirements in K.S.A. 2003 Supp. 60-2006 by mailing Bauer a demand letter on May 22, 2002, more than 30 days before the commencement of the suit.”
Squires v. City of Salina, 675 P.2d 926 (Kan. Ct. App. 1984).
· cites it 9× “Squires requested an allowance of attorney fees under K.S.A. 1982 Supp. 60-2006. The trial court found that the $2158 fee claimed by Squires was “reasonable” but reduced the fee allowance to $360 because the amount claimed was “not taxable as costs in its entirety,” and taxed it…”
Ohlmeier v. Jones, 360 P.3d 447 (Kan. Ct. App. 2015).
· cites it 21× “: Josh and Sarah Ohlmeier obtained a judgment against Whitney Jones for the diminished value loss to their 2011 Chevrolet Traverse (Traverse) as a result of an automobile accident in the amount of $4,185 plus a judgment for their attorney fees in the amount of $15,440 pursuant…”
Wilkerson v. Brown, 995 P.2d 393 (Kan. Ct. App. 1999).
· cites it 11× “However, the trial court denied defendant’s request for attorney fees under K.S.A. 1998 Supp. 60-2006. Defendant appeals from the denial by the trial court of her request for attorney fees.”
Snider v. Am. Fam. Mut. Ins. Co., 298 F.3d 1120 (Kan. 2013).
“*179 Karmann related to mandatory awarding of fees in automobile negligence actions under what is now K.S.A.1990 Supp. 60-2006. Haynes concerned mandatory awarding of fees under K.”
Evans v. Provident Life & Accident Ins., 815 P.2d 550 (Kan. 1991).
· cites it 2× “Karmann related to mandatory awarding of fees in automobile negligence actions under what is now K.S.A. 1990 Supp. 60-2006. Haynes concerned mandatory awarding of fees under K.”
Stafford v. Karmann, 577 P.2d 836 (Kan. Ct. App. 1978).
· cites it 3× “The plaintiff’s attorney was awarded his fee pursuant to K.S.A. 60-2006. The statute provides that in automobile negligence actions brought for the recovery of amounts less than $500 (amended in 1977 to $750), the party who recovers damages shall be allowed a reasonable…”
Chavez v. Markham, 875 P.2d 997 (Kan. Ct. App. 1994).
· cites it 18× “After all claims were settled prior to trial, Markham filed a motion for attorney fees from Chavez, pursuant to K.S.A. 1993 Supp. 60-2006. The district court denied Markham’s motion on the ground that his total claim against all defendants in the *703 case exceeded the statutory…”
Darnall v. Lowe, 615 P.2d 786 (Kan. Ct. App. 1980).
· cites it 6× “The issues raised all involve the propriety of the trial court’s awarding attorney fees of $500 to plaintiffs pursuant to K.S.A. 1979 Supp. 60-2006. The facts are not in dispute, and although not significant, they will be briefly summarized to provide the background necessary to…”
Mast v. Kinnard, 25 P.3d 158 (Kan. Ct. App. 2001).
· cites it 5× “The City contends its payment was not voluntary due to the potential assessment of attorney fees under K.S.A. 2000 Supp. 60-2006. In an action brought for recoveiy of property damages only of less than $7,500 sustained and caused by negligent operation of a motor vehicle, K.”
Walker v. State, 988 P.2d 283 (Kan. Ct. App. 1999).
“60-1610(b)(4) (costs and attorney fees in divorce action); K.S.A. 1998 Supp. 60-2006(a) (motor vehicle negligence cases).”
— K.S.A. § 60-2006(a) — 5 cases
Ohlmeier v. Jones, 360 P.3d 447 (Kan. Ct. App. 2015).
“: Josh and Sarah Ohlmeier obtained a judgment against Whitney Jones for the diminished value loss to their 2011 Chevrolet Traverse (Traverse) as a result of an automobile accident in the amount of $4,185 plus a judgment for their attorney fees in the amount of $15,440 pursuant…”
Walker v. State, 988 P.2d 283 (Kan. Ct. App. 1999).
“60-1610(b)(4) (costs and attorney fees in divorce action); K.S.A. 1998 Supp. 60-2006(a) (motor vehicle negligence cases).”
— K.S.A. § 60-2006(b) — 2 cases
Wilkerson v. Brown, 995 P.2d 393 (Kan. Ct. App. 1999).
“However, the trial court denied defendant’s request for attorney fees under K.S.A. 1998 Supp. 60-2006. Defendant appeals from the denial by the trial court of her request for attorney fees.”
Ohlmeier v. Jones, 360 P.3d 447 (Kan. Ct. App. 2015).
“: Josh and Sarah Ohlmeier obtained a judgment against Whitney Jones for the diminished value loss to their 2011 Chevrolet Traverse (Traverse) as a result of an automobile accident in the amount of $4,185 plus a judgment for their attorney fees in the amount of $15,440 pursuant…”
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