Wilson County No. Heard in the Court of Appeals 27 October 1994. Thomas, Farris and Turner, P.A., by Allen G. Thomas and Page Thomas Smith, for plaintiff-appellee.
Defendant appeals the trial court's judgment granting plaintiff's request for attorneys' fees.
For the reasons set forth herein, we believe defendant's assignments of error are unfounded. On 7 December 1992, plaintiff instituted the instant action by and through her guardian ad litem alleging defendant was negligent in the operation of his automobile thereby proximately causing injury to plaintiff. Defendant answered denying liability and further alleged plaintiff's contributory negligence as an affirmative defense. Defendant moved for judgment notwithstanding the verdict, or in the alternative, for a new trial. Defendant gave notice of appeal to this Court 16 November 1993 and 18 November 1993.