Martel v. Collins

By Judge Edward L. Hogshire

After obtaining a jury verdict, the Plaintiff has moved for costs under Va. Code §§ 14.1-178 and 14.1-198.1 Upon reviewing the briefs and authorities submitted by the parties, the Court concludes that the Plaintiff’s motion should be granted in part and denied in part.

The Defendant contends that the statutes providing for costs should be construed narrowly because they are in derogation of the common law. However, the case that the Defendant cites for this proposition, Jones v. Brown, 39 Va. Cir. 256 (1996), acknowledges that “[t]he discretion given the court to tax…