United States District Court, D. Oregon, Pendleton Division
MATTHEW ALLISON, individual; and TIM NAY, as personal representative for the ESTATE OF SARA E. ALLISON Plaintiffs,
SMOOT ENTERPRISES INC., dba Smoot Brothers Transportation; JAMES DECOU; PETER BARNES; HORIZON TRNSPORT, INC.; and JONATHAN HOGABOOM, Defendants.
OPINION & ORDER
PATRICIA SULLIVAN, UNITED STATES MAGISTRATE JUDGE
Allison filed his claim for negligence and Tim Nay, as
personal representative of the Estate of Sara Allison
(collectively, “Plaintiffs”) filed a wrongful
death action on behalf of the Estate of Sara Allison against
corporate defendants Smoot Enterprises, Inc. and Horizon
Transport, Inc. and individual defendants employees of the
corporate defendants. The case arose out of a collision that
took place in Eastern Oregon that caused significant injuries
to Matthew Allison and that resulted in the death of his wife
Sara Allison. A jury trial was held between April 30 and May
10, 2019. (docs. 152-68). Defendants were found to be jointly
liable for Plaintiffs' damages. (doc. 171). Defendants
Horizon Transport Inc. and Jonathan Hogaboom filed a Motion
for a New Trial, or in the Alternative Remittitur (doc. 185)
and challenged the jury's damages award. The Court denied
defendants' Motion for New Trial on October 15, 2019.
(doc. 210). Plaintiffs, as prevailing parties, have filed
their Bill of Costs and Supplemental Bill of Costs pursuant
to Federal Rules of Civil Procedure 54(d) and 28 U.S.C.
§ 1920 et seq. (docs. 178, 210). Defendants
have objected, in part, to plaintiffs' request. (docs.
jury reached its verdict in this negligence and wrongful
death action on May 10, 2019, and found all named Defendants
jointly liable for Plaintiffs' damages. (doc. 171). It
awarded Matthew Allison economic damages of $600, 000 and
noneconomic damages of $7, 000, 000, and awarded the Estate
of Sara Allison economic damages of $2, 383, 463 and
noneconomic damages of $10, 000, 000. Id. It also
awarded punitive damages of $5, 000, 000 against Horizon
Transport, Inc. and Hogaboom (“Horizon”) and $1,
500, 000 against Smoot Enterprises Inc. and DeCou
(“Smoot”). Id. The Court entered
Judgment on June 4, 2019, with offsets for amounts previously
paid by Smoot in settlement. (doc. 177). Smoot had entered
into a “Mary Carter” settlement agreement with
Plaintiffs prior to trial, and was dismissed from the lawsuit
post-verdict. Id. Hogaboom and Horizon (hereafter
“Defendants”) challenged both the jury's
damages award as excessive and other evidentiary matters.
(doc. 185). Defendants requested this Court to order a new
trial or to reduce the damages amount through remittitur.
Id. The court denied defendants motion. (doc. 209).
Plaintiffs now request that the Court award costs in
accordance with the federal rules and statutes. (docs. 178,
following costs are unopposed:
- Filing Fee $ 1, 056.00
- Service of Process and Summons 881.81
- Service of Subpoena duces tecum 2, 227.20
- Trial witness fees and per diem cost 5, 919.64
- Copying costs 3, 287.75
- Exemplification costs ...