This is a costs endorsement following a 12-day jury trial in a motor vehicle accident case.
The Plaintiff, Kyriaki Moustakis, was awarded $55,252.61 in net damages and sought substantial indemnity costs, having beaten her Rule 49 offer to settle.
The Defendant, Reynaldo Agbuya, opposed the quantum of costs and sought costs thrown away due to a late amendment by the Plaintiff.
The court awarded the Plaintiff $378,000 in costs (partial indemnity to the offer date, substantial thereafter) and $3,252.79 in prejudgment interest.
The Defendant was awarded $10,000 in full indemnity costs for the costs thrown away.
The court found the Plaintiff's choice of ordinary procedure reasonable, rejected arguments of "trial by ambush" and ATE insurance influence, and disallowed costs for focus groups.
