 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wark v. McClellan3/13/2003
Similarly, we disagree with plaintiffs that the court abused its discretion in awarding costs for other witnesses who did not testify at trial or for documents acquired for the toxicologist's use.
Plaintiffs argue that the fees for the accident reconstruction expert should not have been awarded because he reviewed the accident site after the road had been modified. However, we have rejected plaintiffs' argument that the accident reconstruction expert's testimony was irrelevant, and we likewise conclude the court did not abuse its discretion in awarding his costs.
B.
Plaintiffs also argue that the court erred in awarding costs for deposition transcripts. We disagree.
Costs for a deposition are allowed when the taking of the deposition and its general content were reasonably necessary for the development of the case in light of facts known to counsel at the time the deposition was taken. Cherry Creek School District No. 5 v. Voelker, 859 P.2d 805 (Colo. 1993).
We agree with defendant that he demonstrated to the trial court the necessity of each deposition transcript. As a result, we perceive no abuse of discretion.
C.
We agree with plaintiffs, however, that the court erred in computing the toxicologist's fees, which resulted in an award greater than that requested by defendant.
Defendant stated in his bill of costs that the toxicologist's fees of $10,369.36 included $4,799.40 for travel expenses incurred in June. The court found the travel charge to be excessive, but that driving had been necessary. The court also disallowed travel expenses incurred in August. However, the court then proceeded to award an additional $1,000 for travel expenses to the total costs of $10,369.36, which the court erroneously recorded as $10,396.36.
Because it is unclear exactly which travel expenses the trial court intended to exclude, we remand to the trial court to recalculate those costs and enter an amended costs award.
Judgment affirmed and case remanded to the trial court for amendment of the costs award.
JUDGE ROY and JUDGE WEBB concur.
|