Fish v. Smith

JOHNSON, Justice.

This is a discretionary costs case. We conclude that the trial court did not abuse its discretion in denying discretionary costs.

I

THE BACKGROUND AND PRIOR PROCEEDINGS

Jennifer Fish (Jennifer), a minor, was a passenger on a school bus that was rear-ended by a vehicle assigned to the Department of Health and Welfare, which in turn had been rear-ended by a truck owned by K.J. Weller, Inc. (Weller) and driven by Albert Ronald Smith (Smith). Jennifer and her parents (collectively referred to as Fish) sued both Weller and Smith (the defendants) for injuries Jennifer allegedly…