The plaintiff, an elderly resident, sued the defendant retirement home after a slip and fall on an uneven sidewalk.
Following a jury trial, the defendant was found not liable.
The defendant, represented by in-house counsel for its insurer, sought costs.
The court declined to award costs to the successful defendant, noting the insurer's "hardball" tactics, refusal to negotiate, and the broader social interest of access to justice for modest litigants facing large insurers.