Following acceptance of a Rule 49 offer to settle shortly before a hearing, the court determined the appropriate costs payable to the plaintiffs up to the date of the offer.
The plaintiffs had claimed more than $700,000 but settled for $84,042 plus costs.
Applying the factors under Rule 57.01 of the Rules of Civil Procedure and considering the proportionality principles reflected in Rule 76, the court found the plaintiffs’ requested costs excessive given the modest settlement relative to the claim.
The court emphasized the importance of proportional litigation and the costs consequences of advancing inflated claims.
Partial indemnity costs were awarded at a reduced amount.
