EAST ST. LOUIS – St. Clair County resident Mahogany Bolden filed a suit that failed and now she owes $1,102.58 to the defendant, lotion maker Beiersdorf Inc.
U.S. District Judge David Dugan granted taxation of costs on Oct. 3, to reimburse Beiersdorf for transcripts of depositions.
Bolden’s counsel Brian Wendler of Edwardsville opposed taxation in July and filed a declaration in which Bolden stated she owed Wendler more than $12,000.
Wendler filed her suit against Beiersdorf and Wal-Mart in St. Clair County circuit court in 2020, claiming skin damage.
She and Wal-Mart stipulated to dismissal last year.
Dugan set trial this May but granted summary judgment to Beiersdorf in March.
He found Bolden’s experts failed to identify a specific defect in the lotion and failed to allege a specific component that rendered the product unreasonably dangerous.
He found her attempts to discredit Beiersdorf’s experts with speculation and conjecture didn’t create a material issue of fact.
He also found she didn’t negate the possibility of secondary causes.
In June, Beiersdorf counsel Jaclyn Kinkade of St. Louis billed $1,230.08 in costs as prevailing party.
Wendler objected that summary judgment should have satisfied Beiersdorf “without the need to punish plaintiff further.”
Bolden’s declaration stated, “I am a single mother of two children.”
She stated one had special needs requiring considerable medical care.
She stated she was forced to rely on a state medical card for herself and her family. She also stated she applied for assistance to pay utility bills.
“I am employed but earn only $400 a week,” she wrote.
She stated she barely had enough funds for groceries.
“I understand that the costs that my attorney incurred in this case are in excess of $12,000 and my contract with him obligates me to pay those charges,” she wrote.
“I cannot afford to pay for any costs or charges in this case.”
Kincade responded that Bolden wasn’t new to litigation and was aware of the risk.
She claimed Bolden dragged Beiersdorf into court to defend frivolous claims.
Dugan granted taxation, though he rejected the assertion of frivolity.
He found Bolden didn’t present enough documents for him to find her indigent.
“While plaintiff’s unsworn declaration states she has a limited income, increased medical expenses, and a large debt owed to her attorney, plaintiff failed to provide any supporting evidence of her income or a schedule of expenses,” he wrote.
He deducted a $122.50 fee on one of the depositions and a $5 shipping fee.