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Martin v. National General Assurance Co.

Superior Court of Delaware

November 3, 2014

JAMES L. MARTIN, Plaintiff,
v.
NATIONAL GENERAL ASSURANCE COMPANY, Defendant.

Submitted: September 2, 2014

Upon Defendant National General Assurance Company's Motion for Costs.

James L. Martin, pro se, Wilmington, Delaware.

David C. Malatesta, Jr., Esquire, Wilmington, Delaware, Attorney for Defendant.

ORDER

Richard R. Cooch, R.J.

This 3rd day of November, 2014 it appears to the Court that:

1. Defendant National General Assurance Company seeks reimbursement for costs incurred during the course of the presentation of its Motion for Summary Judgment in the Superior Court and for costs incurred during appeal to the Supreme Court of Delaware.[1] This Court entered an order on September 27, 2013 denying Plaintiff's Motion for Partial Summary Judgment and granting Summary Judgment to Defendant. Plaintiff appealed the order and the Supreme Court of Delaware affirmed this Court, finding no merit in Plaintiff's arguments on appeal.[2]

2. Defendant now seeks reimbursement for the following costs: $50.00 for court costs, $690.33 for the deposition transcript of Trooper Cocking, which was attached as an exhibit to Defendant's Motion for Summary Judgment, which was granted by this Court, and $142.15 for costs to obtain copies of Plaintiff's medical records.[3] Plaintiff disputes Defendant's contention that Plaintiff should be responsible for costs.

3. Pursuant to Superior Court Civil Rule 54(d) and 10 Del. C. § 5101, the prevailing party in a civil action may recover costs against the adverse party.[4] This Court finds that Defendant, as the prevailing party, is entitled to a total of $192.15, representing the court costs and the costs incurred in obtaining Plaintiff's medical records. This Court further finds that Defendant is not entitled to the $690.33 requested for the deposition transcript costs, as they were not introduced into evidence at trial.[5]

Therefore, Defendant's Motion is GRANTED IN PART.

IT IS SO ORDERED.


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