 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hughes v. Scottsdale Insurance Co.8/22/2001
working because of her injuries from the accident. Furthermore, the plaintiff based her claims for special damages for economic loss and loss of non-market services on her alleged disability due to fibromyalgia, a condition which was not proven to be related to the accident. Finally, the evidence does not support an award of increased medical expenses.
Assessment of Costs
The plaintiff asserts that the trial court abused its discretion in assessing all court costs to her. We agree. La. C.C.P. art. 1920 sets forth the procedure for taxing court costs against litigants and provides as follows:
Unless the judgment provides otherwise, costs shall be paid by the party cast, and may be taxed by a rule to show cause.
Except as otherwise provided by law, the court may render judgment for costs, or any part thereof, against any party, as it may consider equitable.
The trial court has great discretion in determining and allocating court costs. Hunter v. Bossier Medical Center, 31,026 (La. App. 2d Cir. 9/25/98), 718 So.2d 636. However, the general rule is that costs are to be paid by the party cast in judgment. Clark v. Laird, 458 So.2d 639 (La. App. 3d Cir. 1984), writ denied, 462 So.2d 210 (La. 1985). The prevailing party is generally not taxed with costs unless he incurred additional costs pointlessly or engaged in other conduct which would justify assessment of costs against him. Penton v. Schuster, 98-1068 (La. App. 5th Cir. 3/30/99), 732 So.2d 597); Laughlin v. Breaux, 515 So.2d 480 (La. App. 1st Cir. 1987).
The trial court assessed costs against the plaintiff based on a sealed settlement offer submitted by the defendants to the trial court before the start of trial. It was understood that costs would be assessed against the plaintiff if the jury's verdict was less than the defendants' sealed offer. At the close of trial, the trial court opened the sealed envelope and revealed the settlement amount to be $75,000, an amount which the defendants had offered to settle with the plaintiff during negotiations prior to trial. Because the plaintiff opted to go to trial instead of accepting the defendants' settlement offer, she was penalized by the trial court with payment of the defendants' court costs.
We do not find the trial court's procedure of assessing court costs to be equitable as required under La. C.C.P. art. 1920. Consequently, we find the trial court abused its discretion in ordering the plaintiff to pay the defendants' court costs. Because the trial court abused its discretion in its assessment of court costs and because we have reversed the jury's assessment of fault against the plaintiff, we now reverse that portion of the judgment ordering the plaintiff to pay all of defendants' court costs and assess all costs of this proceeding against the defendants.
CONCLUSION
For the reasons mentioned, we reverse the jury's assessment of fault against the plaintiff and hold that the defendant, Charles Jurls, was solely at fault in causing the accident. We also amend the award of general damages by increasing it to $20,000. Finally, we reverse the assessment of costs against the plaintiff and hereby assess all costs of this proceeding to the defendants.
REVERSED IN PART, AMENDED IN PART AND AFFIRMED.
Page 1 2 3 4 5 6 7 8 9 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|