The plaintiff, having been wholly successful at trial and awarded damages including punitive damages, sought costs.
The plaintiff had served two Rule 49 offers to settle, both of which were beaten at trial.
The court awarded the plaintiff partial indemnity costs up to the date of the first offer and substantial indemnity costs thereafter, noting that the 2005 Costs Subcommittee guidelines for counsel fees are outdated.
Total costs of $140,360.11 were awarded.
