Following a 25-day medical malpractice jury trial, the plaintiffs were awarded damages of $1,918,491.96.
The defendant had made a pre-trial offer to settle the issue of damages for $2,150,000, which the plaintiffs rejected.
The defendant argued for a distributive costs award, seeking costs for the portion of the trial dedicated to damages.
The court held that an offer to settle only damages does not trigger the strict cost consequences of Rule 49.10(2) and declined to make a distributive costs award.
However, applying Rule 49.13 and Rule 57.01, the court reduced the plaintiffs' costs by 30% to reflect their divided success and the unnecessary lengthening of the trial on the damages issue, awarding the plaintiffs $800,000 in partial indemnity costs.
