The defendants brought a motion for summary judgment to dismiss the plaintiff's slip and fall action.
The plaintiff failed to serve a responding affidavit until after cross-examining the defendants' affiants, contrary to the Rules of Civil Procedure, and failed to serve a Reply that materially changed the alleged facts.
The defendants subsequently abandoned their motion and sought costs.
The court found the plaintiff's litigation tactics unjustified and awarded the defendants $15,000 in costs in any event of the cause.
