In re Illusions Holdings, Inc.

210 F.Supp.2d 248 (2000)

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In re Illusions Holdings, Inc.

United States District Court for the Southern District of New York
210 F.Supp.2d 248 (2000)

RW

Facts

Illusions Holdings, Inc. (Illusions) (defendant) owned a vessel used in commercial diving operations. Steven M. Wagner (plaintiff), a commercial diver, was injured while using the vessel's diving equipment. Wagner sued Illusions for his injuries and the case was tried by a jury in the United States District Court for the Southern District of New York. The pretrial order memorialized the parties' agreement that Dr. Alan Shulman would testify on behalf of Illusions. Shulman was in charge of the vessel's maintenance and operations, and personally purchased and inspected the vessel's diving equipment. At trial, Wagner objected to two of Illusions's witnesses, but not to Shulman. The jury returned its verdict for Illusions, and the court exercised its admiralty jurisdiction to determine that Illusions was statutorily entitled to exoneration from liability for Wagner's injuries. The court clerk billed the costs of the case to Wagner. Wagner moved the court to modify the court costs by removing or significantly reducing charges for Shulman's travel, on the grounds that Shulman's testimony was not necessary for the personal injury case.

Rule of Law

Issue

Holding and Reasoning (Berman, J.)

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