Following a negligence trial in which the plaintiffs recovered damages against a municipality for a landslide caused by a defective municipal storm sewer pipe, the court was asked to fix costs and prejudgment interest.
The plaintiffs sought substantial recovery of legal fees and disbursements, including expert expenses, and relied on an offer to settle that triggered substantial indemnity costs after the offer date.
The court reviewed the time-based calculations but emphasized that costs must ultimately be fair and reasonable under Rule 57.01 rather than a mechanical multiplication of hours and rates.
After adjusting hourly rates, reducing certain claims, and lowering expert fees considered excessive, the court fixed fees and disbursements and awarded prejudgment interest for limited periods due to delays attributable to the plaintiffs.
