340 P.3d 1013
Wyo.2014Background
- Plaintiffs Beach allege carbon monoxide injuries from a rental property owned by Defendants Weinstein and Warren.
- Defendants offer a Rule 68 settlement of $5,000 which Plaintiffs did not accept.
- Jury returns verdict in Defendants' favor; district court awards costs under Rule 54 and URDC 501.
- Defendants seek $45,410.62 in costs; Plaintiffs object that only $1,326.05 are allowable.
- District court denies most requested costs, finding most are not allowable under URDC 501 or statute.
- Wyoming Supreme Court affirms, holding URDC 501 applies to Rule 68 costs and that the district court did not abuse discretion in its overall ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of URDC 501 to Rule 68 costs | Beach contends Rule 68 governs costs; 501 not applicable | Warren/Weinstein argue 501 applies to post-offer costs | URDC 501 applies to Rule 68 costs |
| Discretion in awarding costs under Rule 54/501 after Rule 68 remains | Beach contends the district court misapplied 501 to deny costs | Warren/Weinstein argue district court properly exercised discretion | District court did not abuse discretion in awarding costs under Rule 54 and 501 |
Key Cases Cited
- Beckwith v. Weber, 2012 WY 62 (Wy. 2012) (abuse-of-discretion standard for costs)
- Jones v. Artery, 2012 WY 63 (Wy. 2012) (deference to discretionary cost determinations; Rule 501 guidance)
- Garrison v. CC Builders, Inc., 2008 WY 34 (Wy. 2008) (burden to show costs reasonably necessary for trial; prima facie evidence caveat)
- Gore v. Sherard, 2002 WY 114 (Wy. 2002) (mandatory nature of certain Rule 501 provisions excluding travel costs)
- Duffy v. Brown, 708 P.2d 433 (Wy. 1985) (district court discretion to determine which deposition costs are reasonable)
- Graus v. OK Investments, 2014 WY 166 (Wy. 2014) (Rule 54 governs costs when party prevails; Rule 68 costs not automatic)
- Marek v. Chesny, 473 U.S. 1 (U.S. 1985) (costs under Rule 68 limited to those authorized by statute or authority)
- Wilson v. Tyrrell, 2011 WY 7 (Wy. 2011) (costs review on abuse-of-discretion standard)
- Meyer v. Hatto, 2008 WY 153 (Wy. 2008) (costs principles and statutory framework in Wyoming)
- Bratton v. Blenkinsop (In re Bratton), 2014 WY 87 (Wy. 2014) (interpretation of Rule 68 and related costs rules)