Cahall v. Thomas

RIDGELY, Justice.

Plaintiffs-Appellants Barbara and Ronald Cahall appeal an award of costs by the Superior Court after a jury trial because the Cahalls did not accept a pre-trial offer of judgment made to them collectively under Superior Court Civil Rule 68. Plaintiffs claim that the Superior Court erred as a matter of civil procedure, or alternatively, as a matter of state constitutional law. Thomas made a collective offer of judgment before trial instead of an individual offer of judgment to each plaintiff. We hold that this offer is an insufficient predicate for cost shifting under Rule 68.…