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Smith v. Greif

Superior Court of Delaware, New Castle

April 10, 2015

MARIE SMITH, Plaintiff,
v.
HARRY GREIF and HARRY'S TRANSPORT, INC., Defendants.

ORDER GRANTING CERTAIN COSTS TO EACH PARTY

PAUL R. WALLACE, JUDGE

WHEREAS Defendants in the above-captioned matter provided Plaintiff with an offer of judgment for $50, 000 on March 12, 2013, and a subsequent offer of judgment for $85, 000 on January 21, 2014, which Plaintiff denied;

WHEREAS trial was held on May 11 and 12, 2014;

WHEREAS the jury returned a verdict for Plaintiff in the amount of $48, 000.00 and this Court entered a judgment in favor of the same;

WHEREAS Defendants filed a post-trial Motion for Costs pursuant to Delaware Superior Court Rules 54(d), 68, and 10 Del. C. § 5101 requesting the following, plus post-judgment interest:

Transcript fees:

$412.90

Dr. Rushton expert fee:

$8, 000.00

Dr. Metzler expert fee:

$8, 625.00

Dr. Metzler hotel cost:

$285.85

Dr. Metzler flight:

$1, 661.00

Dr. Metzler travel costs:

$258.78

TOTAL

$19, 243.53

WHEREAS Plaintiff also filed a post-trial Motion for Costs pursuant to Rule 54 requesting the following:

Filing fee:

$197.00

Transcript for Motion in Limine:

$327.00

Dr. Rudin expert fee:

$2, 700.00

File and Serve charges:

$1, 129.50

TOTAL

$4, 353.50

WHEREAS "Del. Code. Ann. tit. 10 § 5101 and Superior Court Civil Rule 54(d) permits the Court to award costs to a prevailing party in any civil action"[1]and awarding costs is a matter of judicial discretion;[2]

WHEREAS a "prevailing party" may not always be the party to whom final judgment was issued;[3]

WHEREAS under Superior Court Rule 68, the Court must award costs to the prevailing party when an offer of judgment is rejected and the amount awarded to the offeree is less than the offer of judgment;[4]

WHEREAS a prevailing party may recover only costs incurred prior to an offer of judgment if the amount awarded is less than the offer of judgment, [5]Plaintiff may only recover costs up to the date of the first offer of judgment, March 12, 2013;

WHEREAS "ordinary court costs are awarded to prevailing parties in Delaware as a matter of course, "[6] Plaintiff may recover court costs up to March 12, 2013;

WHEREAS under Superior Court Rule 54(f), fees paid to obtain a transcript are only recoverable if the ...


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