Catello

Defendant appeals from the trial court’s order striking its cost bill submitted following the voluntary dismissal of a complaint in intervention. We will reverse.

Facts

Ernest Catello was injured when an oven exploded at his place of employment. He filed a complaint for personal injuries against I.T.T. General Controls (I.T.T.) as manufacturer of the defective oven. Thereafter, Liberty Mutual Insurance Company (Liberty Mutual), the workers’ compensation carrier for Catello’s employer, filed its complaint in intervention to recover some $31,000 in benefits paid Catello.

On the first day of trial, Liberty Mutual dismissed its complaint, advising the court that it had reached a lien agreement with Catello. The action proceeded to trial as between the original parties, the jury ultimately returning a verdict in favor of defendant I.T.T.

I.T.T. submitted its cost bill against Liberty Mutual as to those items incurred while the insurance company was in the case. The trial court granted Liberty Mutual’s motion to strike the entire cost bill. I.T.T. appeals.

Discussion

This appeal raises the issue of whether a defendant is entitled to costs as a matter of course pursuant to…