The appellant was awarded $20,000 in general damages by a jury in a personal injury action arising from a motor vehicle accident.
The trial judge deprived the appellant of costs under Rule 76.13, finding it was unreasonable to proceed outside the simplified procedure regime.
The Court of Appeal allowed the appeal, holding that the trial judge's costs ruling could not be reconciled with his pre-verdict assessment of the case, including his jury instruction suggesting a range up to $75,000 and his dismissal of the respondents' threshold motion.
The appellant was awarded costs of the action and the appeal.
