The plaintiff, an elderly pedestrian, was struck by a city bus and sustained injuries.
On the eve of trial, the plaintiff accepted a $25,000 settlement due to her declining health, with costs to be agreed or assessed.
The plaintiff sought over $124,000 in costs, while the defendants argued for $10,000 based on proportionality.
The court fixed costs at $96,780.93 on a partial indemnity basis, finding that the defendants' late admission of liability and the necessity of expert reports justified a costs award exceeding the settlement amount.
