Drozda v. McComas

OPINION

TOCI, Judge.

Susan Marie MeComas (“defendant”) argues that the trial court erred in awarding Christina Theresa Marie Drozda (“plaintiff’) costs as a “successful party” pursuant to Ariz.Rev.Stat.Ann. (“A.R.S.”) section 12-341 (1992) and in failing to award defendant expert witness fees pursuant to Rule 68, Arizona Rules of Civil Procedure. We hold that where a plaintiff obtains an award of damages less favorable than the defendant’s Rule 68 offer of judgment, (1) the plaintiff is still the successful party in the lawsuit and is entitled to both pre-offer and post-offer costs, and (2) the…