Following an unsuccessful personal injury jury trial arising from an automobile collision, the court determined the defendant's entitlement to costs.
The plaintiff recovered nothing and the threshold declaration under the Insurance Act barred non-pecuniary and health care claims.
The court held that none of the parties' settlement offers engaged Rule 49.10, and the plaintiff's conduct, while hard-fought, was not reprehensible so as to justify elevated costs.
Applying the costs factors, indemnity principles, and proportionality, the court awarded the defendant partial indemnity costs of $75,000 plus disbursements of $35,638.18.
