The parties settled a personal injury action on the first day of trial after the plaintiff accepted the defendants' offer to settle for $150,000 plus costs to be agreed or assessed.
The defendants brought a motion arguing the plaintiff was only entitled to costs up to the date the offer was served, relying on previous case law.
The court rejected this argument, finding that the plain language of the offer and the Rules of Civil Procedure entitled the plaintiff to partial indemnity costs up to the date the offer was accepted.
The court referred the assessment of costs to an assessment officer and allowed the plaintiff's expert disbursements.
