Opinion
C.A. No. 98C-03-253-JEB
August 29, 2001
Clifford Hearn, Esquire.
Arthur D. Kuhl, Esqiure.
Dear Counsel:
The above named case was tried to a jury and resulted in a verdict in favor of the defendant. Prior to trial defendant made an offer ofjudgment to plaintiff under Superior Court Rule 69 and the defendant now moves to have costs taxed.
Defendant has moved to tax the cost of the testimony of Peter Bandera, M.D. who testified on behalf of defendant as an expert. Dr. Bandera charged defendant $3,000.00 for testimony that occupied no more than an hour. Giving some allowance for travel and waiting time, the Court judges that $1,000.00 is a reasonable amount to tax as costs.
The other sum sought by defendant relate to the cost of the defendants traveling from Florida to Delaware for trial. These sums are not recoverable as costs and they are Denied. The Court has entered an order taxing $1,000.00 of defense cost to plaintiff.