The plaintiffs initiated an action for injuries sustained by Vladislav Bukshtynov at McMaster University's indoor track, claiming $1.1 million in damages.
A jury found the Flying Angels Running Club and George Kerr 60% liable, Vladislav Bukshtynov 40% contributorily negligent, and McMaster University and Hwang Lee not liable.
Damages were assessed at $101,885.
This judgment addresses costs, considering Rule 49 offers and the plaintiff's litigation conduct.
The court denied the plaintiffs' request for a Sanderson order, finding the plaintiff's conduct, particularly the failure to secure ATE insurance and refusal to settle, to be irresponsible.
The court awarded partial indemnity costs to the plaintiffs up to the date of the defendants' Rule 49 offers, and partial indemnity costs to all defendants from that date until a mid-trial pretrial recommendation, followed by substantial indemnity costs to all defendants thereafter.
The plaintiffs were ordered to pay McMaster University $95,000 and the Flying Angels Running Club, George Kerr, and Hwang Lee $69,156.
The defendants Flying Angels Running Club and George Kerr were ordered to pay the plaintiffs $43,108, to be deducted from the amounts owed by the plaintiffs.
