Following a trial where the plaintiff was awarded $41,900, the parties made written submissions on costs.
The plaintiff sought substantial indemnity costs of $47,711.63, while the defendant suggested partial indemnity costs of up to $25,181.
The court awarded partial indemnity costs of $30,434.14, noting that neither party's offer to settle triggered Rule 49 consequences.
The court reduced the plaintiff's costs due to a non-compliant expert report under Rule 53 and the failure to disclose acceptance of the defendant's expert quantification prior to trial.
