Following the dismissal of the plaintiffs' action for damages arising from an explosion and fire, the defendants sought costs on a substantial indemnity basis.
The court found that the plaintiffs engaged in egregious and abusive conduct, including advancing unfounded and shifting damages theories, failing to produce relevant documents, and relying on concocted evidence.
The court awarded the defendants costs on a partial indemnity scale up to the date of their reasonable offer to settle, and on a substantial indemnity scale thereafter.
The plaintiffs were also held liable for the costs of the third and fourth parties, as their involvement was a natural and inevitable consequence of the litigation.
Total costs and disbursements were fixed at $2,339,433.08.
