This action arose from a motor vehicle accident. The defendants admitted liability, and at the 22-day jury trial on damages the jury awarded the primary plaintiff $40,000 in general damages and $0 in special damages. It awarded the FLA plaintiff $0. On the defendants’ threshold motion following trial, the general damages claim was dismissed. Before trial, there were two Rule 49 offers to settle made by the defendants of $35,000 and $77,000.
The defendants sought $275,259.55 in costs. Justice Coats applied of Rules 49 and 57, and the applicable case law, and ordered that the plaintiffs pay the defendants $152,680.93 in costs. Of the $100,000 limit available under the plaintiffs’ adverse costs insurance policy, $82,000 was used by plaintiff’s counsel for disbursements.