Following a personal injury jury trial where the plaintiff established liability but recovered zero damages due to the statutory threshold, the successful defendant sought costs.
The defendant also sought an order under Rule 57.07 that the plaintiff's lawyers personally pay the costs.
The court awarded the defendant partial indemnity costs, finding no reason to depart from the general rule that costs follow the event.
The court dismissed the request for costs against the plaintiff's lawyers, finding their conduct did not meet the high threshold of exceptional circumstances.
The court significantly reduced the defendant's claimed fees and disbursements, including expert witness fees and counsel's hotel expenses, ultimately fixing costs at $189,298.68.
