J.D. Rioux

The court issued a supplementary costs endorsement to clarify a previous costs award of $7,500 to the third parties following the dismissal of the defendant's motion to validate service.

The court clarified that the third parties had only sought costs for the motion before this judge, and not for a prior 2014 motion before a different judge.

The original costs award of $7,500 was maintained as fair and reasonable.

The Third Parties (Estate of Francesco Cavallo and Rosa Cavallo) sought partial indemnity costs after successfully dismissing the Defendant's motion for validation of service.

The court awarded $7,500 in costs to the Third Parties, finding their initial request of $12,089.03 excessive as it included costs incurred from a prior hearing before a different judge who had made no order as to costs.

The court emphasized that awarding such costs would effectively overrule the prior decision.

The defendant in a motor vehicle accident claim brought a third-party claim against homeowners, alleging their trees obstructed his view of the plaintiff cyclist.

The defendant attempted to serve one of the homeowners, who had moved to Italy, by leaving the claim at a suspected address.

The defendant moved to validate service under Rule 16.08.

The court dismissed the motion, finding the hearsay evidence of the private investigators insufficient to prove the claim had come to the homeowner's attention, especially given the potential prejudice of a claim exceeding her insurance limits.