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FISH v. SMITH6/15/1998
This is a discretionary costs case. We conclude that the trial court did not abuse its discretion in denying discretionary costs.
I.
THE BACKGROUND AND PRIOR PROCEEDINGS
Jennifer Fish (Jennifer), a minor, was a passenger on a school bus that was rear-ended by a vehicle assigned to the Department of Health and Welfare, which in turn had been rear-ended by a truck owned by K.J. Weller, Inc. (Weller) and driven by Albert Ronald Smith (Smith). Jennifer and her parents (collectively referred to as Fish) sued both Weller and Smith (the defendants) for injuries Jennifer allegedly sustained as a result of the accident. A jury awarded Fish $177,800 in compensatory damages against the defendants and $1,750 in punitive damages against Smith only. Fish then requested costs as the prevailing party. The trial
court awarded Fish $11,077.29 in costs as a matter of right pursuant to Idaho Rule of Civil Procedure (I.R.C.P.) 54(d)(1)(C). The trial court denied Fish's claimed discretionary costs for expert witness fees, and for travel, lodging, and photocopying on the ground they were not "exceptional" pursuant to I.R.C.P. 54(d)(1)(D). Fish appealed.
II.
THE TRIAL COURT DID NOT ABUSE ITS DISCRETION IN DENYING DISCRETIONARY COSTS.
Fish asserts that the trial court abused its discretion in denying discretionary costs. We disagree.
The prevailing party in a civil action has a right to seek reimbursement of the costs incurred in prosecuting or defending the action. I.R.C.P. 54(d)(1)(A). The process for considering an allowance of discretionary costs is contained in I.R.C.P. 54(d)(1)(D):
(D) Discretionary Costs. Additional items of cost not enumerated in, or in an amount in excess of that listed in subparagraph (C), may be allowed upon a showing that said costs were necessary and exceptional costs reasonably incurred, and should in the interest of justice be assessed against the adverse party. The trial court, in ruling upon objections to such discretionary costs contained in the memorandum of costs, shall make express findings as to why such specific item of discretionary cost should or should not be allowed. In the absence of any objection to such an item of discretionary costs, the court may disallow on its own motion any such items of discretionary costs and shall make express findings supporting such disallowance.
The grant or denial of discretionary costs is "committed to the sound discretion of the district court," and will only be reviewed by an appellate court for an abuse of that discretion. Zimmerman v. Volkswagen of America, Inc., 128 Idaho 851, 857, 920 P.2d 67, 73 (1996), cert. denied, ___ U.S. ___, 117 S.Ct. 1245, 137 L.Ed.2d 327 (1997). In considering whether the trial court abused its discretion in ruling on a request for discretionary costs, we make a three-step inquiry: "(1) whether the trial court correctly perceived the issue as discretionary; (2) whether the trial court acted within the boundaries of its discretion and consistent with the applicable legal standards; and (3) whether the trial court reached its determination through an exercise of reason." Id.
In its ruling denying Fish discretionary costs, the trial court specifically acknowledged that it was exercising its discretion in reviewing Fish's request for discretionary costs.
The trial court stated that it recognized that in exercising its discretion in this matter, it must determine, pursuant to statute and case law, whether the costs asserted were necessary, reasonable, and exceptional, and whether the costs should be awarded to promote the interests of justice. This demonstrates that the trial
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