Following the dismissal of the plaintiff's summary judgment motion regarding a commercial lease and parking dispute, the successful defendant sought costs of $586,141.79 on a substantial indemnity scale.
The court declined to award substantial indemnity costs, finding the plaintiff's conduct was not reprehensible and noting that Rule 49.10 limits a defendant to partial indemnity costs even when the plaintiff's claim is completely dismissed.
The court awarded the defendant costs of $398,000 on a partial indemnity basis, finding the time spent and hourly rates reasonable given the complexity and the $4.6 million claim.
