The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
Plaintiff Paula Hill’s Opposition to Defendants’ Motion to Strike Memorandum of Costs or, in the Alternative, Motion to Tax Costs
INTRODUCTION
Plaintiff Paula Hill was victorious in her jury trial against defendants Sophia Lee and John Lee. Ms. Hill was forced into trial by defendants who refused her section 998 offer which was only $1550 more than the jury trial verdict. Now, having lost at trial and facing a judgment which, when combined with Ms. Hill’s recoverable costs, exceed Ms. Hill’s 998 offer to compromise, defendants ask this court to strike all of Ms. Hill’s costs. To do so would be plainly unjust. Ms. Hill is the prevailing party, she had a good faith belief she would recover more than $25,000 at trial when she filed the lawsuit, and she made a reasonable offer to compromise to avoid the unnecessary costs of litigation. This court should not punish Ms. Hill because the defendants incorrectly valued this case.
PERTINENT FACTS
This case arose from a car accident which occurred in Sacramento on March 1, 2008. As a result of the accident Ms. Hill suffered a strain in her neck and back. Ms. Hill treated with various treatment providers including an acupuncturist and two chiropractic offices. After about a year of consistent treatment, Ms. Hill fully recovered from her injuries.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Ms. Hill filed her case in unlimited jurisdiction. At the time of filing she had medical bills totaling more than $12,000. Additionally, she lost three months of wages, approximately $15,000. At the time of filing her total economic damages were $27,000. (See Part 2 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.