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California Court of Appeal


Martinez v. Brownco Construction Co., Inc., B226665

On appeal of an award of costs after a successful personal injury suit against a construction company that had performed demolition work at the injured plaintiff's job site, the district court's judgment is: 1) affirmed insofar as it awarded the plaintiff the cost of presenting an edited video recording of the deposition of a witness; 2) reversed insofar as it awarded the plaintiff the cost of a PowerPoint presentation used during closing argument; and 3) reversed insofar as it denied the plaintiff expert fees incurred between a first and second settlement offer, the court holding that when a party makes two section 998 offers to compromise more than 30 days apart, the offeror is entitled to costs from the date of the earliest reasonable offer.

Appellate Information

  • Decided 02/10/2012
  • Published 02/10/2012

Judges

  • Chaney

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Lindahl Beck, Baker, Burton & Lundy

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