Following a ten-day jury trial where the plaintiff was awarded $18,076, the parties made submissions on costs.
The defendants had made a pre-trial offer to settle of $25,000, which the plaintiff did not beat, engaging Rule 49.10.
The court declined to deny the plaintiff costs under the simplified procedure or small claims rules, finding the ordinary procedure was reasonable.
Applying the principle of proportionality, the court awarded the plaintiff $34,000 for pre-offer costs and the defendants $62,000 for post-offer trial costs, resulting in a net costs award of $28,000 payable by the plaintiff to the defendants.
