The plaintiffs' medical negligence action against the defendant physician settled for $400,000 in damages prior to trial, and the parties settled liability on the morning of the trial.
The parties could not agree on costs.
The plaintiffs sought over $264,000 in costs and disbursements, arguing the defendant unreasonably delayed settlement.
The court rejected the argument for elevated costs to sanction the defendant, noting the case involved competing expert opinions.
Applying the principle of proportionality, the court reduced the plaintiffs' claimed fees and significantly reduced an expert witness's disbursement, fixing total costs at $125,000 for fees and $45,000 for disbursements.
