Edwards v. Kiddie Kollege Institute
K13C-10-017 RBY
| Del. Super. Ct. | Jul 8, 2016Background
- Plaintiff Navaeh DeShields (by guardian ad litem) won a $150,000 jury verdict against Kiddie Kollege Institute on June 2, 2016 and timely moved for costs, expert fees, and post-judgment interest.
- Plaintiff sought $30,594.45 in costs: service of process, Prothonotary costs, expert witness fees (Dr. Edward Dragan; Ann Burgess, RN), deposition videographer costs, and extensive trial technology support.
- Defendant did not oppose basic service and Prothonotary costs, but contested portions of expert, deposition, and trial-technology expenses.
- Statutory authorities invoked include 10 Del. C. § 8906 (expert witness fee recovery) and 6 Del. C. § 2301 (post-judgment interest formula).
- The court exercised its discretion to allow only those expert and deposition video costs that fit statutory limits and rejected the extensive trial-technology charges as unreasonable and not recoverable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recoverability of basic costs (service, Prothonotary) | Service and clerk costs are taxable and timely claimed | No objection | Awarded ($30 plus Prothonotary to be itemized) |
| Expert witness fees (amounts claimed) | Recover full billed amounts for experts' work, travel, lodging | Limit to testimony/waiting time and reasonable travel per statute | Awarded limited amounts: Dragan $3,714.95; Burgess $1,341.50 |
| Deposition/videographer fees | Video of unavailable witness and related costs are taxable | Only video used in lieu of live testimony is recoverable; transcript duplication not allowed | Awarded $650 for the trial video estimate; other deposition editing/duplicate charges denied |
| Trial technology/support services | Costs for technology support are recoverable as litigation costs | Excessive, largely unnecessary; statute does not permit such extensive technology charges | Denied — trial-technology costs not recoverable |
| Post-judgment interest rate | Request interest per 6 Del. C. § 2301: 5% over Fed Reserve discount (6% total) | Disputed reliance on same statute for pre/post interest; challenged recoverability | Awarded post-judgment interest at 6% per annum from June 2, 2016 |
Key Cases Cited
- Donovan v. Del. Air Res. Comm'n, 358 A.2d 717 (Del. 1976) (trial court has discretion in awarding expert-witness costs)
- Rollins Env't Servs., Inc. v. WSMW Indus., Inc., 426 A.2d 1363 (Del. Super. 1980) (statutory formula for legal interest does not distinguish pre- vs post-judgment interest)