The plaintiff sought costs following a seven-day trial in which she was substantially successful against the defendants for fraud, fraudulent misrepresentation, and breach of contract.
The court found the individual defendant's conduct to be reprehensible, as he fraudulently induced the plaintiff to enter into a construction contract with a fictitious company and performed shoddy work.
Applying the factors under Rule 57.01, the court awarded the plaintiff costs on a substantial indemnity basis in the amount of $286,250 plus disbursements.