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CAHALL v. THOMAS

No. 303, 2005.

906 A.2d 24 (2006)

Barbara Ann CAHALL and Ronald E. Cahall, Plaintiffs Below, Appellants, v. Debbie D. THOMAS, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 5, 2006.

Reargument Denied September 25, 2006.

Attorney(s) appearing for the Case

Beverly L. Bove, and Vincent J.X. Hedrick, II, Esquires, of Wilmington, Delaware, for appellants.

Donald M. Ransom, and John A. Macconi, Jr., Esquires, of Casarino, Christman & Shalk, P.A., Wilmington, Delaware, for appellee.

Before HOLLAND, JACOBS, and RIDGELY, Justices.

RIDGELY, Justice.

Plaintiffs-Appellants Barbara and Ronald Cahall appeal an award of costs by the Superior Court after a jury trial because the Cahalls did not accept a pre-trial offer of judgment made to them collectively under Superior Court Civil Rule 68. Plaintiffs claim that the Superior Court erred as a matter of civil procedure, or alternatively, as a matter of state constitutional law. Thomas made a collective offer of judgment before trial instead of an individual...

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