Opinion
C.A. No. 97C-12-033.
Submitted: February 25, 2000.
Decided: May 23, 2000.
Upon Plaintiffs' Motion for Assessment of Costs — Denied .
David N. Rutt, Esquire Moore Rutt, P.A. P.O. Box 554 Georgetown, Delaware 19947.
Norman H. Brooks, Esquire Bouchelle Palmer Christiana Executive Campus, Suite 101, 111 Continental Drive Newark, Delaware 19713-4301.
Counsel:
Before the Court is Plaintiffs' Motion for Assessment of Costs pursuant to Superior Court Civil Rule 54. Rule 54 permits the prevailing party to make an application to the Court within ten days of the entry of a final judgment to assess costs upon the adverse party. The decision of whether to grant costs to the prevailing party is left to the sole discretion of the Court. Donovan v. Delaware Water Air Resources Comm'n, Del. Supr., 358 A.2d 717 (1976).
Rule 54. Judgment; costs.
In the case at bar, after a 3-day trial, the jury returned a verdict in favor of the Plaintiffs finding that the Defendant was fully at fault for the accident and that Plaintiff, Donald Bloom, suffered damages in the amount of $512,000, and Plaintiff, Nancy Bloom, suffered damages in the amount of $45,000 for loss of consortium. Thereafter, upon Defendant's Motion for New Trial or Remittitur, the Court reduced the amount of the Plaintiffs' total recovery to $317,200. The Plaintiffs are now asking this Court to impose $4,762.44 as costs upon the Defendant as a result of their favorable verdict at trial.
In the proper case, this Court has, and will, impose costs in favor of the prevailing party. However, I do not see this as the proper case to do so. The Plaintiffs in the instant matter, even considering a slight reduction by the Court, received a substantial reward for their injuries. In light of the decision, the Court will not consider whether the amount of the costs are reasonable given the facts of this case. The Court does not see fit to now impose the costs of litigation upon the Defendant. Therefore, the Plaintiffs' Motion for Costs is denied .
IT IS SO ORDERED.
Very truly yours,
William L. Witham, Jr. Judge
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(d) Costs. Except when express provision therefor is made either in a statute or in these Rules or in the Rules of the Supreme Court, costs shall be allowed as of course to the prevailing party upon application to the Court within ten (10) days of the entry of final judgment unless the Court otherwise directs.