Terri Crandall and Joann Hubbard v. The…

Summary

The court held that the applicable fee- and cost-shifting statutes require an award to a defendant whose tort action is dismissed before trial under a C.R.C.P. 12(b) motion. The statutes do not permit reducing that award for work that may also be useful in related litigation, because their language is mandatory and unambiguous. The court affirmed the judgment and did not reach the parties’ dispute over allocation of the burden of proving recoverable fees and costs.