Acierno Ex Rel. Acierno v. Garyfallou

Opinion by

JUDGE BOORAS

¶ 1 Plaintiff, Martin Acierno, by and through his co-guardians, Kathleen Acierno and Cheryl Acierno, appeals the trial court’s judgment entered on a jury verdict in favor of defendant, Garyfallos Garyfallou, M.D. (Dr. Garyfallou). The trial court’s judgment is affirmed.

¶ 2 Dr. Garyfallou cross-appeals the trial court’s order denying, in its entirety, his motion for costs. He contends that under section 13-16-105, C.R.S. 2015, an award of costs to a prevailing defendant is mandatoiy. We agree and therefore reverse the trial court’s order denying Dr. Garyfallou’s request…