McNally v. Didonato

Opinion

STATE OF MAINE ons 23 SUPERIOR COURT CUMBERLAND, ss. ue CIVIL ACTION

Sas " 4 ‘NI DOCKET NO. CV;99-231

NICOLE McNALLY, Plaintiff

VS. ORDER ON DEFENDANT'S APPLICATION FOR COSTS VINCENT DIDONATO, Defendant The court has reviewed defendant's application for costs and plaintiff's opposition and is prepared to award a minimum of $1,476.43 representing the jury fee, travel expenses, medical record expenses, costs of visual aids, and deposition

transcript costs requested. The $1,000 in expert fees paid to plaintiff's doctors for deposition is disallowed. Poland v. Webb, 1998 ME 104, 7 14, 711 A.2d 1278, 1281.

That leaves the expenses related to Dr. Fager, as to which defendant has not submitted enough detail to resolve. If defendant continues to seek costs relating to Dr. Fager, defendant is directed to file within 10 days an affidavit complying with 16 M.R.S.A. § 251 which sets forth the hourly rate sought for Dr. Fager and the number of hours of his in-court testimony.! Travel time for Dr. Fager is not compensable.

Poland v. Webb, 1998 ME 104, J 15, 711 A.2d at 1282. An award of costs will be made upon submission of the requested information. Dated: January 44 2001 As

———/ Thomas D. Warren Justice, Superior Court

1 This information was brought out in Dr. Fager's testimony but the court no longer remembers the relevant figures.

Date Filed 4-16-99 CUMBERLAND Docket No. _CV99-231 County Action PERSONAL INJURY NICOLE McNALLY VINCENT DiDONATO vs.

Plaintiff's Attorney Defendant’s Attorney Micheal J. Welch, Esq. 784-1589 Hardy, Wolf & Downing

P.O. Box 3065 Lewiston, ME 04243-3056

Roger J. O'Donnell, III, Esq. 783-855 P.O. Box 960

Lewiston, ME 04243-0960

Date of Entrv.