Napolski v. Davis

OPINION

HERLIHY, Judge.

Plaintiff David J. Napolski moves to reargue this Court’s February 16, 1999 bench ruling denying his motion for costs incurred in taking the trial depositions of two experts. The dispute over these costs arises because the depositions were taken prior to an offer of judgment being served and because Napolski accepted that offer resulting in no trial being held.

In October, Napolski had noticed the trial depositions of Drs. William Atkins and Daniel Black. The Court held a pretrial conference in this case on December 4, 1998. Dr. Black’s deposition was taken on December…