Weinstein v. Beach
Annotate this CasePlaintiff-tenants filed a complaint against Defendant-landlords alleging injures from carbon monoxide poisoning caused by a gas stove on property Plaintiffs rented from Defendants. Defendants made an offer of settlement to Plaintiffs pursuant to Wyo. R. Civ. P. 68, which Plaintiffs did not accept. After a trial, the jury returned a verdict in favor of Defendants. Thereafter, Defendants filed a motion for costs in the amount of $45,410 pursuant to Wyo. R. Civ. P. 68 and 54(d) and the Uniform Rules for District Courts (U.R.D.C.) 501. The district court awarded Defendants costs in the amount of $1,326 after applying U.R.D.C. 501. The Supreme Court appealed, holding (1) an award of costs pursuant to Rule 68 is governed by Rule 501 and Wyo. Stat. Ann. 1-14-102; and (2) the district court did not abuse its discretion by denying the majority of the costs requested by Defendants pursuant to Rule 54(d) and U.R.D.C. 501.
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