The Prevailing Party in the Trial De Novo; Costs

(a)The Prevailing Party in a trial de novo is the party who has

(1)appealed and improved upon the arbitration award by forty percent (40%) or more, or

(2)has not appealed and the opposing party has appealed and failed to improve upon the arbitration award by forty percent (40%) or more. For the purpose of this rule, improve or improved means to increase the award for a plaintiff or to decrease the award for the defendant.

(b)The Prevailing Party under these rules, as defined above, is deemed the prevailing party under any statute or rule of court, and as such is entitled to costs of trail and all other remedies as provided by law.