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High-Low Agreement Did Not Provide for Extras
Although a trial judge erred in relying on his own experience to determine that a high-low agreement that did not reserve the plaintiff's right to costs and attorney fees extinguished those rights, the appellate court agreed with that judge's final decision and so affirmed the decision. Serico v. Rothberg, 2017 N.J. Super. LEXIS 19 (N.J. App. (App. Div. 2/16/17)
Plaintiff Lucia Serico sued her deceased husband's doctor, alleging failure to diagnose the colon cancer that caused his death. In accordance with New Jersey's offer of judgment rule, Serico offered to accept $750,000, to include costs and prejudgment interest. That offer was never acknowledged by the defendant.
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