Following a 10-day jury trial for a motor vehicle collision, the plaintiff was awarded a net judgment of $17,688.64.
The plaintiff sought costs on a partial indemnity basis.
The defendants argued that the costs should be reduced to reflect proportionality, as the recovery fell within the Small Claims Court jurisdiction.
The court rejected the defendants' argument, finding that the plaintiff's decision to proceed in Superior Court was reasonable given the defendants' failure to make any settlement offers.
The court awarded the plaintiff $275,456.60 in costs and disbursements, noting that limiting costs based solely on proportionality would encourage unreasonable positions by defendants.
