Brookshire v. Lavigne

COMBS, Judge.

This is an appeal from a judgment of the Green Circuit Court, awarding appellees damages in their personal injury action against appellant.

The sole issue on appeal is whether the trial court erred in permitting appellees to recover physician’s witness fees as costs in the action. As a general rule, “[fjees paid by a party to expert witnesses are not recoverable as part of the cost of the action, unless specifically authorized by statute.” 20 Am.Jur.2d Costs § 65 (1965). KRS 453.040 states that “[t]he successful party in an ordinary action shall recover his costs,” but the statute…