S. vanHelden

Following a summary judgment motion in a civil action, the court determined the appropriate costs award.

The successful party sought costs of $12,026.10 on a partial indemnity basis.

The court found that the hourly rates were within the parameters of Rule 57 of the Rules of Civil Procedure, but reduced excessive time claimed for preparation of summary judgment motion materials.

The court fixed a fair and reasonable costs award of $10,000 inclusive for the action and the summary judgment motion.

The defendant municipality brought a motion for summary judgment arguing that a Mutual Full and Final Release executed by the parties barred the plaintiffs’ subsequent action alleging bad faith, misrepresentation, fraud, and breach of fiduciary duty relating to the operation of a salvage yard.

The plaintiffs contended the release should not apply due to unequal bargaining power, intimidation, and undue influence.

The court found no evidence supporting allegations of duress, intimidation, or unequal bargaining power, noting the plaintiffs were represented by counsel and received consideration in exchange for the release.

Applying principles governing unconscionability and contractual releases, the court concluded the release was valid and enforceable.

As a result, there was no genuine issue requiring a trial.