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Costs awarded on a substantial indemnity basis following plaintiff's successful trial judgment and offer to settle.
Following a trial where the plaintiff was awarded damages for negligent construction in a real estate transaction, the court determined the costs and prejudgment interest.
The plaintiff had made an offer to settle that was lower than the trial judgment.
Applying Rule 49.10, the court awarded the plaintiff partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter, rejecting the self-represented defendants' argument that their impecuniosity should preclude a costs award.
