This appeal concerns the correct analytical approach to fixing costs when an action is settled before adjudication on the merits.
Two infant plaintiffs were catastrophically injured when struck by a vehicle in 2004.
After more than ten years of litigation, the parties settled in June 2017, three months before trial.
The settlement provided for $1 million from each of the Potrebics and Pipolos, with costs to be determined by the court.
The motion judge apportioned costs based on his assessment of the parties' respective liability for damages, finding the Potrebics solely responsible.
The appellants challenged this apportionment and the quantum of costs awarded.
