Narrative Opinion Summary
This case involves a motion for costs and interest following a jury verdict awarding the plaintiffs $1,600,000 in a wrongful death and products liability suit against multiple defendants, including Kia Motors Corporation. The plaintiffs sought taxable costs and both pre-judgment and post-judgment interest. The Superior Court of Delaware addressed several contested cost items, including expert witness fees, deposition costs, and mediation fees. The court granted post-judgment interest at the legal rate and allowed pre-judgment interest, noting the plaintiffs' compliance with settlement demand requirements under Delaware law. The court found the expert witness fees reasonable based on established guidelines and awarded costs for Dr. Perlman's deposition, deeming them non-duplicative. However, the court denied the mediation fee, as defendants had already contributed to this cost, and partially awarded the cost of trial presentation boards, splitting it between the parties. Ultimately, the court partially granted the plaintiffs' motion, reflecting a balanced approach to cost allocation and interest awards, underscoring the court's discretion in such matters. The order was signed by Judge Vivian L. Medinilla.
Legal Issues Addressed
Allocation of Trial Presentation Costssubscribe to see similar legal issues
Application: Costs for trial presentation boards used by both parties are shared equally.
Reasoning: Since these boards were used by both parties during the trial, the Court awards half of this cost to Plaintiffs, amounting to $2,494.50.
Award of Pre-Judgment Interestsubscribe to see similar legal issues
Application: Pre-judgment interest is permitted if a written settlement demand is made below the judgment amount, subject to the court's discretion.
Reasoning: The court noted that pre-judgment interest is allowable under Delaware law if a written settlement demand below the judgment amount was made, which the Plaintiffs did on October 3, 2019, for $750,000.
Discretion in Awarding Costssubscribe to see similar legal issues
Application: Costs are awarded to the prevailing party under Delaware Superior Court Civil Rule 54(d) unless directed otherwise by the court, and Plaintiffs must justify their request.
Reasoning: Plaintiffs also seek $29,042.53 in taxable costs, which under Delaware Superior Court Civil Rule 54(d) are awarded to the prevailing party unless otherwise directed by the court.
Reasonableness of Expert Witness Feessubscribe to see similar legal issues
Application: Expert fees are deemed reasonable based on established guidelines and must align with actual time spent in court, including travel and waiting time.
Reasoning: Expert fees deemed reasonable include: Dr. Skop at $2,000 for four hours, Dr. Perlman at $3,000 for nearly two hours, Mr. Yannaccone at $1,100 for five hours, and Mr. Verzilli at $2,000.
Recovery of Deposition Costssubscribe to see similar legal issues
Application: Deposition costs may be recovered if not duplicative, especially when the videotaped deposition was introduced at trial.
Reasoning: Since Dr. Perlman's videotaped deposition was introduced, it is considered a taxable cost under Delaware law.