195 So. 3d 570
La. Ct. App.2016Background
- Plaintiff Lakisha Butler sued multiple medical providers after her daughter's death; after a medical review panel favoring defendants, Butler filed suit and proceeded to a six-day jury trial.
- Jury found for Dr. Neel Shah and Children’s Hospital but against Drs. Floyd Buras and Louis Bevrotte; trial court entered judgment against those defendants and their insurer (LAMMICO).
- Butler moved to tax costs against the defendants as the party cast in judgment, seeking $154,470.37 and submitting an itemized ledger and a sworn firm-administrator affidavit; defendants objected to sufficiency, specificity, and recoverability of many items (especially expert fees and deposition costs).
- The trial court taxed the full amount against defendants without receiving additional testimony; defendants appealed alleging abuse of discretion and lack of legal authority for many items.
- The appellate court reviewed for abuse of discretion, considered the parties’ filings and the trial judge’s contemporaneous knowledge of the trial, and affirmed the trial court’s award of all costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of proof for claimed costs | Butler: itemized ledger + sworn affidavit suffice; supporting receipts were provided to defendants and could be offered but were not formally entered to avoid extra expense | Defendants: ledger lacked receipts, payment proof, and trial submission — insufficient to tax full costs | Affirmed: ledger and sworn affidavit attached to rule and considered by court were sufficient; defendants didn’t preserve an argument that the documents weren’t admitted; no abuse of discretion |
| Taxability of deposition costs not offered at trial | Butler: costs necessary to bring case to trial (including depositions) are taxable under court discretion | Defendants: La. R.S. 13:4533 permits only costs for witnesses/exhibits actually used at trial | Affirmed: statute plus "all costs allowed by the court" permits trial-court discretion; depositions necessary to bring case to trial may be taxed |
| Expert fees for non-testifying or consulting experts | Butler: expert-related costs (preparation, depositions, consultations) were necessary to present the case and recoverable under La. C.C.P. art. 1920 and court discretion | Defendants: La. R.S. 13:3666 limits recovery to experts who testify; consultation-only work and excessive fees are non-taxable or must be limited | Affirmed: trial court has broad discretion to fix reasonable expert compensation; experts’ preparatory work may be taxable but pure attorney-consultation time is not; appellate record insufficient to overturn |
| Travel and other discretionary costs | Butler: travel and other litigation-related expenses are part of recoverable costs if equitable | Defendants: travel (especially out-of-state) and certain expenses lack statutory authority | Affirmed (with caveat): statute doesn’t expressly authorize travel for out-of-state witnesses, but trial court’s equitable discretion governs; appellate court declined to disturb award given record deficiencies |
Key Cases Cited
- Saden v. Kirby, 826 So.2d 558 (La. Ct. App.) (trial court has discretion to tax costs and to fix expert compensation; consultative time not taxable)
- Certain St. Bernard Parish Government v. Ponstein, 130 So.3d 56 (La. Ct. App.) (itemized list + sworn affidavit can meet proof requirements for taxing costs)
- Tipton v. Campbell, 996 So.2d 27 (La. Ct. App.) (costs necessary to bring case to trial may be taxable even if not offered in evidence)
- Delaney v. Whitney National Bank, 703 So.2d 709 (La. Ct. App.) (statutory framework for taxable costs; court’s equitable authority)
- Wing-field v. State ex rel. Dept. of Transportation and Development, 879 So.2d 766 (La. Ct. App.) (factors for determining reasonable expert fees and allowance for in-court observations by trial judge)
- Arrington v. Galen-Med, Inc., 839 So.2d 429 (La. Ct. App.) (costs of depositions used to aid a medical review panel may be taxable)