Following a successful partial summary judgment motion in a medical malpractice action, the plaintiffs sought costs of $169,022 on a substantial indemnity basis.
The court rejected the request for substantial indemnity, finding no bad faith by the defendant physician.
However, noting the defendant's refusal to concede uncontroverted medical evidence, the court found a higher than normal partial indemnity award was justified.
Costs were fixed at $60,000 all-inclusive.
