Following a lengthy medical malpractice trial, the court had found one physician negligent and liable while two co-defendants were not found liable.
The parties had previously agreed that damages would be fixed at $430,000 inclusive of interest if liability were established.
The successful plaintiffs sought costs exceeding $529,000 including substantial indemnity fees and disbursements.
The court considered the complexity of medical negligence litigation, the reasonable expectations of the parties, the absence of a formal Rule 49 offer to settle, and the fact that the plaintiffs succeeded against only one of three defendants.
Applying the principle of proportionality and overall reasonableness, the court reduced the requested amount and fixed costs at $400,000 inclusive of disbursements and exclusive of taxes.
