California Court of Appeal
Whatley-Cooper v. Miller, B237335
In medical negligence and wrongful death suit, amended judgment for plaintiffs is affirmed, where: 1) plaintiffs' offer to compromise was not defective; 2) the clear recital of the offer that each party was "to bear its own costs" was not rendered ambiguous by the acceptance document language that "costs are to be submitted pursuant to cost bill filed by plaintiff(s)"; 3) the trial court did not abuse its discretion in rejecting defendant's claim that the offer to compromise was made in bad faith, and thus, invalid; and 4) defendant failed to carry his burden to demonstrate the expert fees awarded are unnecessary or unreasonable.
Appellate Information
- Decided 01/15/2013
- Published 01/15/2013
Judges
- FLIER
Court
- California Court of Appeal