testified, however, that he could not determine from the photographs whether the
tread on Currier's tires would require that the truck be placed out of service.
Currier's operation of his truck with expired license tabs was a civil infraction
subject to a citation. NSI presented no evidence that it ever terminated any
driver's contract because of equipment or licensing issues or traffic infractions.
The trial court did not find the testimony of Sleeth and Franssen credible.
This court will not disturb a damages award unless the award falls outside
the range of substantial evidence in the record, shocks the conscience of the
court, or appears to be the result of passion or prejudice.42 And this court
strongly presumes the trial court's verdict is correct.43 Because substantial
evidence supports the trial court's findings, we affirm the court's award of
damages, attorney fees, and costs.
Appellate Costs and Attorney Fees
Currier requests attorney fees and costs on appeal. Under RAP 18.1 and
RCW 49.60.030(2), the prevailing party is entitled to appellate fees and costs.44
42 Bunch v. King County Dep't of Youth Servs., 155 Wn.2d 165, 179, 116
P.3d 381 (2005); Burchfiel, 149 Wn. App. at 484.
43 Bunch, 155 Wn.2d at 179; Burchfiel, 149 Wn. App. at 484.
44 Allison, 118Wn.2dat98.
-17-
NO. 70128-2-1/18
We award Currier appellate costs and reasonable attorney fees, subject to his
compliance with RAP 18.1(d).
CONCLUSION
Because substantial evidence supports the trial court's findings of fact
regarding liability and damages and those findings support the court's
conclusions of law, we affirm and award Currier his costs and reasonable
attorney fees on appeal.
rl4~0Uc^vtt
WE CONCUR: