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Date: 02-21-2024
Case Style:
Case Number: 1:22-cv-00030
Judge: Jon D. Levy
Court: United States District Court for the District of Maine (Penobscot County)
Plaintiff's Attorney: Alicia F. Curtis, (a href="http://www.morelaw.com/lawyers/atty.asp?f=Christopher&l=Boots&i=146490&z=04243" target="_new">Christopher C. Boots, Daniel G. Kagan, Elizabeth Anne Kayatta
Defendant's Attorney: Andrew K. Lizotte and Katelyn Saner
Description: Bangor, Maine personal injury lawyers represented the Plaintiff who sued on a Federal Tort Claims Act auto negligence theory.
Maine follows the principle of comparative negligence, where a plaintiff's recovery may be reduced in proportion to their degree of fault. If the injured party is found to be 50% or more at fault, they may be barred from recovering damages.
Outcome: ORDER granting in part and denying in part 102 Bill of Costs (Costs Taxed in amount of $ 3635.75 against Defendant). Plaintiff has claimed $3756.50 in costs and the government has not objected to the request. However, the Clerk may only tax what is properly claimed. Thus, $120.75 in costs have not been taxed, for the following reasons. Processing and handling costs for the delivery of deposition transcripts are considered ordinary business expenses that may not be charged as taxable costs in relation to obtaining transcripts. Alexander v. CIT Technology Financing Services, Inc., 222 F. Supp. 2d. 1087 (N.D. Ill. 2002). (See also Maurice Mitchell Innovations, L.P. v. Intel Corp., 491 F.Supp.2d 684; and, Treaster v. HealthSouth Corp., 505 F.Supp.2d 898 D.Kan., 2007). That handling cost for the Manter transcript is denied. In addition, plaintiffs costs for e-transcripts of the Manter and Cheng depositions are also disallowed since word indices are considered incurrences for the convenience of counsel. Burton v. R.J. Reynolds Tobacco, Co., 395 F. Supp.2d 1065 (D. Kan. 2005). By CLERK OF COURT, Christa K. Berry. (ems) (Entered: 03/25/2024)
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