Following dismissal of a medical malpractice action arising from a broken jaw allegedly caused during wisdom tooth extraction, the successful defendant sought costs on a partial indemnity basis.
The trial lasted six days and involved competing expert evidence regarding negligence and liability, including a contested voir dire on the qualification of the plaintiffs’ expert.
The court accepted the defendant’s expert evidence and found the defendant entirely successful at trial.
Considering the length of the proceeding, the expert evidence, and the discounted fee claim, the court found the requested costs reasonable.
Costs were awarded to the defendant in the amount of $63,800 all inclusive.
