(Download) "Drozda V. Mccomas" by Arizona Court of Appeals # eBook PDF Kindle ePub Free

by Courtney Chapman June 11, 2021 Post a Comment

eBook details

Title: Drozda V. Mccomas
Author : Arizona Court of Appeals
Release Date : January 01, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

Susan Marie McComas ("defendant") argues that the trial court erred in awarding Christina Theresa Marie Drozda ("plaintiff") costs as a "successful party" pursuant to Ariz. Rev. Stat. Ann. ("A.R.S.") section 12-341 (1992) and in failing to award defendant expert witness fees pursuant to Rule 68, Arizona Rules of Civil Procedure. We hold that where a plaintiff obtains an award of damages less favorable than the defendant's Rule 68 offer of judgment, (1) the plaintiff is still the successful party in the lawsuit and is entitled to both pre-offer and post-offer costs, and (2) the defendant is entitled to expert witness fees and double costs as sanctions under Rule 68. We also hold, however, in this case, that amended Rule 68, with its more severe sanctions, adopted months after plaintiff allowed defendant's offer of judgment to expire, is not retroactive. Accordingly, we affirm.