Schark v. Gorski

HARRIS, Justice.

This medical malpractice suit was dismissed by plaintiffs before trial but after completion of extensive and expensive discovery. Defendants contend the discovery costs should be taxed to plaintiffs. They appeal from a trial court determination that there is no authority to tax costs of discovery when a suit is dismissed prior to trial. We affirm.

Defendants administered anesthesia to plaintiff Terry Schark when she gave birth by caesarean section to plaintiff Travis Schark. Terry aspirated vomit into her lungs and suffered lung damage. She was hospitalized about four weeks.…