The jury found that the Plaintiff was entitled to $61,000.00 for past loss of income and $90,000.00 for future loss of income/loss of competitive advantage. Six months before the trial, the Defendants made a Rule 49 offer of $70,000.00, inclusive of all claims and PJI, plus partial indemnity fees up to the date of the offer. The Defendants submitted that adverse cost consequences should apply to the Plaintiff following the date of the offer to settle, as after certain deductions, the awards for past and future loss of income were less than the offer. Justice Charney concluded that, after deductions, the Plaintiff was entitled to recover $72,317.00, just barely beating the Defendants’ Rule 49 offer. As such, the cost consequences of Rule 49 did not apply and the Plaintiff was entitled to his costs of $115,000.00, as well as $50,000.00 for disbursements.
