This is an appeal from an Order entered by the Superior Court of Habersham County requiring counsel for plaintiff Richard Trotter to pay the attorney fees and expenses of litigation incurred by defendant Bardel Summerour. For the reasons set forth below, we affirm the trial court’s decision to award attorney fees and expenses under OCGA § 9-15-14 a based on its determination that Trotter’s claims for punitive damages and attorney fees were frivolous. However, we vacate the award of fees and expenses because the trial court failed to properly limit the award to those fees and expenses incurred in defending against the frivolous claims. Trotter commenced this tort action against Summerour, d/b/a TBJ Welding Service, alleging that a house trailer fell on him while he was working underneath it because of Summerour’s negligent welding work. At the time of the incident, Trotter was removing blocks from underneath the house trailer in order to move the trailer to a new location. Previously, the owner of the trailer had hired Summerour to weld a metal tongue back onto the frame of the trailer, which had been removed when the trailer was first placed up onto concrete blocks. Trotter alleged that Summerour knew that the house trailer would be raised by the tongue to permit workers to get underneath it and prepare it for moving, but that Summerour nevertheless welded the tongue onto the frame using improper and inadequate welding techniques. Trotter further contended that the tongue broke in the spot where Summerour had welded it to the trailer frame, which caused the trailer to fall on him, resulting in severe pain and serious back injuries. Trotter prayed for general damages, special damages, punitive damages, and attorney fees.
Trotter voluntarily dismissed his complaint on January 7, 2002. Trotter re-filed his suit on March 20, 2002, raising the same allegations and again praying for damages that included punitive damages and attorney fees. The case subsequently was tried before a jury on August 11 and 12, 2003. Once Trotter presented his case-in-chief, Summerour moved for a directed verdict, which the trial court granted as to the punitive damages and attorney fees claims, but denied as to the issue of negligence and the claims for general and special damages. The jury later returned a verdict in favor of Summerour on all remaining claims.
