Monday, July 11, 2016
The Delaware Superior Court granted most of the costs sought by a prevailing plaintiff in an action that had led to a $150,000 verdict.
But this cost was disallowed
This was not a complicated trial. The highly sophisticated, and clearly very expensive, all-day-every-day availability and sometime use of technical support was, presumably, useful to Plaintiff, but was not at all necessary for the jury’s consideration of the material presented. It cannot be considered a reasonable cost under 10 Del. C. § 8504.
The court also denied the post-trial motion for judgment of the defendant.
The allegation that Plaintiff produced no evidence of causation of injury to the minor is without merit. While the existence of injury was certainly disputed, testimony did exist that the child had been subjected to some handling that a jury could conclude was abuse which caused injury. There was no testimony supporting a claim for permanency as such, but there was no separate verdict, or even argument, for future expenses
The case involved injuries to a minor at a day care center. (Mike Frisch)