Stewart v. McKarnin

GUTIERREZ, Judge.

Stan C. Stewart appeals from the district court’s amended judgment awarding discretionary costs to Mark McKarnin. We reverse and remand for a determination of discretionary costs consistent with this opinion.

I

FACTUAL AND PROCEDURAL SUMMARY

Stewart is a ski instructor for the Sun Valley Company. On March 16, 2000, Stewart was giving a skiing lesson to a group of students at the Sun Valley Resort when McKarnin, another skier, struck him. The collision resulted in injuries to Stewart’s right knee, which required surgery. Stewart brought a negligence action against MeKarnin…