This costs endorsement addresses several pre-trial and mid-trial motions, as well as costs thrown away, following a mistrial declared due to the plaintiff's health crisis.
The court considered motions regarding venue transfer, exclusion of surveillance evidence, expert and non-party expert witnesses, and two motions for mistrial.
The court applied principles of costs following the event and the factors under Rule 57.01(1), and specifically addressed "costs thrown away" in the context of a mistrial not caused by fault but by the responsibility of a party due to an unforeseen health event.
The plaintiff was awarded costs for the surveillance and expert witness motions, while the defendant was awarded costs for their mistrial motion and substantial indemnity for costs thrown away.