Following the settlement of a motor vehicle accident claim on the eve of trial, the court was asked to approve the settlement of a Family Law Act claim for a party under a disability and to fix costs.
The court approved the FLA settlement at $30,000 plus interest.
On the issue of costs, the court held that the plaintiff was entitled to claim time spent recovering accident benefits as part of the tort action costs, as the two are inextricably linked.
The court fixed the plaintiff's costs at $100,000 for fees and $44,534.29 for disbursements on a partial indemnity basis, and awarded interest on the delayed settlement funds.
