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Plaintiff awarded partial indemnity costs and SABS pursuit costs; litigation loan interest and defendants' Rule 49 costs denied.
Following a jury trial for damages arising from a motor vehicle collision, the plaintiff sought partial indemnity costs.
The court awarded the plaintiff $275,000 in fees, $100,000 in disbursements, and $30,000 for costs incurred in pursuing a SABS settlement that significantly benefited the defendants.
The court denied the plaintiff's claim for litigation loan interest due to insufficient evidence.
The defendants' request for costs under Rule 49.10(2) was dismissed because the plaintiff's judgment exceeded the defendants' offer.
Jury questions on past care damages were barred due to double recovery and insufficient evidence.
In this personal injury trial, the plaintiffs sought to have the jury quantify damages for past attendant care and housekeeping.
The court denied this request, ruling that such claims were barred due to the male plaintiff's prior settlement of his Family Law Act claim for services provided to his wife, which would result in impermissible double recovery.
Additionally, the court found there was insufficient evidentiary foundation to put these specific questions to the jury, as the plaintiffs failed to provide adequate evidence regarding the hours of services rendered by third parties or the value of non-monetary compensation, and the proposed methodology of valuing damages based on need rather than services actually received was incorrect in law.
