In a costs decision following an unsuccessful summary judgment motion in a catastrophic personal injury action, the court declined to reserve costs to the trial judge.
Applying the usual principle that costs follow the cause and the discretionary factors under Rule 57, the court held there was no divided success and no basis to depart from the ordinary rule.
The moving defendant was ordered to pay partial indemnity costs to both responding parties, with modest reductions to claimed time and an additional amount for the cost-fixing submissions.
