Parties Lose at Trial, Appeal Decision on Costs Awarded and Lose Again

Kronick v Mackston – unpublished decision by California Appellate Court reported on February 10, 2014.

This case arose out of an alleged dog bite incident and subsequent confrontation between the parties at a private homeowners association park. Each side filed actions against the other alleging various claims for damages from the incident. There was a considerable amount of discovery (depositions) conducted in preparation for trial. One of the parties dismissed claims before trial and the case proceeded to a 6 day jury trial on the claims that remained. Both sides lost at trial and then each of the parties sought an award of costs as the prevailing party. Unhappy with the amount of costs awarded by the trial judge, the parties then appealed.

The appellate court confirmed that the amount of costs awarded was a determination within the discretion of the trial judge and would not be disturbed on appeal absent an abuse of discretion.The costs awarded in the case were minimal in comparison to the costs that had to have been incurred by the parties in bringing their respective actions. There were numerous depositions taken, a 6 day jury trial, and then subsequent appellate court proceedings. All of this appears to have resulted from a minor incident in which no one was seriously injured. One would think that the parties would have been much better off resolving this dispute outside of the court system.

See case decision: Kronick_v._Mackston_(Cal._App.,_[1]