Civil Practice — Attorneys’ Fee Award – Punitive Damages Claim – Frivolous & Malicious – Apportionment

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Philips v. Pitt County Memorial Hospital, Inc. (Lawyers Weekly No. 15-16-0786, 7 pp.) (Chris Dillon, J.) Appealed from Pitt County Superior Court (Richard Doughton, J.) N.C. App. Unpub.

Holding: In support of his claim for punitive damages, plaintiff incorporated by reference all the allegations from his other claims, adding only that defendants acted with malice, conscious disregard, intent, design and purpose. All of plaintiff’s claims arose from a common nucleus of law and fact and were inextricably interwoven with another. Therefore, when the trial court awarded defendants attorneys’ fees pursuant to G.S. § 1D-45, the court was not required to apportion the fees between the punitive damages claim and the underlying claims.

The trial court’s award of attorneys’ fees is affirmed.