Opinion
Civil Action No. S07C-12-015 ESB.
January 7, 2010.
Elizabeth Lewis, Esquire Jacobs Crumplar, Wilmington, DE.
Brian T. McNelis, Esquire Young McNelis, Dover, DE.
Dear Counsel:
Before the Court is a Motion for Costs pursuant to Superior Court Civil Rule 54(d) and 16.1.
Superior Court Civil Rule 16.1 was repealed, effective March 1, 2008. Because this action originated prior to March 1, 2008, the Rule nevertheless applies.
Plaintiff seeks: Total Costs $3,449.50 Del. C. 2301 $3,306.25
Filing Fees $ 194.50 Sheriff's service fees 30.00 Delaware Insurance Commissioner 25.00 Arbitrator's Fee 200.00 Michael Mark, M.D.'s trial testimony 3,000.00 __________ Interest pursuant to Rule 16.1(k)(11)(D)(iii) and 6 § :The defense specifically made an objection to the $3,000.00 requested for the medical expert for one-half (½) day at Court.
The case the defense cites for a much lower fee award is now almost six (6) years old. A more recent case provides current guidance as to this issue.
A reasonable fee for one-half (½) day of testimony for a medical expert in a personal injury trial was found to be between $1,972.00 and $2,730.00 based upon inflationary pressures. I have taken into consideration the fact that the doctor's bill in the present case included $250.00 for pretrial costs, but this is not being sought.
McKinley v. Schaedel, 2009 WL 4653782 (Del. Super. Nov. 30, 2009).
I have considered that the doctor's office is located in Milford. I am granting an award of $2,100.00 for the doctor's costs.
Therefore, the costs sought are granted, less $900.00, as to the doctor.
Costs and interest are awarded in the amount of $5,855.75.
IT IS SO ORDERED.