The plaintiff sought to deny costs to the successful defendants following a dismissed motion regarding civil jury challenges for cause.
The plaintiff argued the motion was a test case, raised novel issues, and involved public interest litigation.
The court rejected the public interest and test case arguments, noting the plaintiff had a direct pecuniary interest in the personal injury action.
However, recognizing the technical novelty of the motion, the court applied a 15% reduction to the defendants' partial indemnity costs, awarding $19,918.36 to two defendants and $7,853.24 to another.
