This decision addresses a costs award and ancillary matters following a jury verdict in a personal injury action.
The jury found the defendants 62% liable, awarding substantial damages for pain and suffering, future care costs, and family law damages.
The court ruled on four key issues: ordering an assignment of accident benefits, limiting the McEwens' personal liability to insurance policy limits due to their bankruptcy, applying a 5% pre-judgment interest rate for non-pecuniary damages (finding the relevant statutory amendment not retrospective), and applying the new statutory deductible of $18,270.00 to the Family Law claim.
Despite the jury verdict exceeding some settlement offers, the court significantly reduced the plaintiffs' requested costs from $795,616.09 to $375,000, citing the plaintiffs' conduct, including late expert reports, changing their position on calling the plaintiff, and engaging in "sharp practice" by attempting to enforce a settlement offer while simultaneously initiating a bad faith claim against an insurer.
