Following a jury verdict finding the plaintiff 100% liable for injuries arising from a motor vehicle collision, the successful defendants sought substantial costs.
The court applied the reasonableness and proportionality principles governing costs awards under the Rules of Civil Procedure and appellate guidance.
While the defendants were entitled to partial indemnity costs because they succeeded at trial, the court reduced the quantum significantly due to excessive and duplicative claims, unnecessary prolongation of the proceedings by the defendants, and improper inclusion of certain items such as voluntary mediation costs.
Arguments by the plaintiff that costs should be denied due to hardship, alleged disclosure failures, or Rule 49 offer acceptance were rejected.
The court fixed a reduced costs award reflecting fairness and proportionality.
