S. Ct. Civ. No. 2010-0058

In a civil action involving alleged injuries at a theme park, in which plaintiff recovered a verdict after trial before a jury, travel expenses for transporting witnesses to testify at trial are not recoverable expenses under 5 V.I.C. § 541, and the portion of the judgment denying recovery of such costs is affirmed. However, 5 V.I.C. § 541 and § 660 provide that witness fees are recoverable and do not require or authorize the Superior Court to consider non-statutory requirements for recovery of such fees; the denial of costs for expert witness fees is reversed and the case is remanded for a determination of the exact amount of such fees recoverable under those statutes. Because a significant portion of the award of costs made in this case is not in accord with the findings of the Superior Court's memorandum decision, the award was arbitrary and an abuse of discretion, and the case is remanded for a disposition on costs that is consistent with this opinion.