Following a jury verdict awarding damages for injuries sustained in a motorcycle accident caused by the defendant’s negligence, the court addressed costs.
The plaintiff sought substantial partial indemnity costs, while the defendant argued that settlement offers should shift costs after a certain date under Rule 49 of the Rules of Civil Procedure.
The court found that the defendant’s offers did not comply with the formal requirements of Rule 49.10 and declined to give them the requested cost consequences.
Applying the general rule that costs follow the event and considering the factors in Rule 57.01, the court awarded the plaintiff partial indemnity costs for the action.
