Following a successful summary judgment motion, the plaintiff sought costs.
The plaintiff had served an offer to settle for $50,000, which the defendant did not accept.
The court ultimately awarded the plaintiff $85,697.96 in damages.
Applying Rule 49.10(1) of the Rules of Civil Procedure, the court awarded partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter.
The court fixed total costs at $32,000, finding the amount reasonable and proportionate.
