Following the dismissal of the plaintiffs' motion to enforce a settlement in a motor vehicle accident claim, the court determined the costs of the motion.
The defendant sought full indemnity costs of $122,826.71, arguing the plaintiffs' counsel made misleading statements during a pretrial that led to the repudiated settlement.
The court awarded partial indemnity costs fixed at $100,000 to the defendant.
The court declined to order costs personally against the plaintiffs' counsel under Rule 57.07(1), finding that while counsel's representations led to the settlement, the costs of the motion were caused by the plaintiffs' tactical decision to seek enforcement rather than proceed to trial.
