King v. Ferguson (1996)

For example, in King v. Ferguson, 198 W.Va. 307, 315 , 480 S.E.2d 516, 524 (1996) (per curiam), this Court, concluded that a trial court had properly assessed jury costs against a plaintiff under the authority of Rule 68(c) of the West Virginia Rules of Civil Procedure, which refers merely to “costs” in providing that “[i]f the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer.…

See Syl. pt. 6, King v. Ferguson, 198 W.Va. 307 , 480 S.E.2d 516 (1996) (“ ‘As a general rule, all communications between the trial judge and the jury, after the submission of the case, must take place in open court and in the presence of, or after notice to, the parties or them counsel.’ Syl.

Rule 68(c) states that “the offeree must pay the costs incurred after the making of the offer.” This Court has previously explained that “a proper application of Rule 68(c) makes it mandatory for trial judges to impose upon plaintiffs costs incurred after a settlement offer wherein a verdict is less favorable than the settlement offer.” King v. Ferguson, 198 W.Va. 307, 315 , 480 S.E.2d 516, 524 (1996).

See King v. Ferguson, 198 W.Va. 307 , 480 S.E.2d 516, 522 (1996) (recognizing “mental anguish” and “mental distress” as types of non-economic losses).