The plaintiff, Crescent Hotels, sought costs of a successful summary judgment motion where it was awarded over $1 million in damages.
Having served a Rule 49 offer to settle for less than the awarded amount, the plaintiff claimed partial indemnity costs to the offer date and substantial indemnity costs thereafter, totaling $145,899.42.
The defendant argued the costs were excessive and proposed $85,000.
The court considered the factors under Rule 57.01, including the importance and complexity of the matter, and counsel's experience and efficiency.
The court found the plaintiff's costs fair, reasonable, and proportionate, declining to use the 2005 Costs Grid, and awarded the full amount sought.