Vaden v. Dombrowski

STROUD, Judge.

Plaintiff appeals the order granting costs to defendants in Superior Court, Wake County after plaintiff voluntarily dismissed the underlying action. The dispositive question before this court is whether the trial court abused its discretion in taxing certain costs against the plaintiff pursuant to N.C. Gen. Stat. § 7A-305(d). For the following reasons, we affirm in part and reverse in part.

I. Background

On or about 30 January 2004 defendant Kathleen Marie Dombrowski (“Mrs. Dombrowski”) was driving defendant David John Dombrowski’s 1997 Ford automobile with his permission. Mrs.…