MENEES
MENEES v. Andrews
Opinion
Opinion
Dawson, J.
This is an appeal from that portion of a judgment which awarded to respondent Todd Andrews, M.D. (Dr. Andrews), costs in the amount of $27,212.38 to reimburse him for expert witness fees. The trial court awarded these costs on the basis of Code of Civil Procedure section 998 (section 998), which provides in subdivision (c)(1); “If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment. . ., the court. . ., in its discretion, may require the plaintiff to pay a reasonable sum to cover costs of the services of expert witnesses . . . actually incurred and reasonably necessary in either, or both, preparation for trial. . . , or during trial. . . , of the case by the defendant.”
Appellants Robert Menees and Lisa Menees contend the trial court erred, because the section 998 offer to compromise was not unconditional. We agree.
BACKGROUND
Dr. Andrews was appellant Lisa Menees’s treating obstetrician/gynecologist at the birth of twin babies in September 2001. The first of the infants to be bom suffered injuries from falling to the floor during the course of his delivery. Appellants, his mother and father, jointly sued Dr. Andrews…