Summary
The Supreme Court of Michigan affirmed the denial of mediation sanctions under MCR 2.403 in an automobile-negligence action. The court held that attorney fees are not included in “assessable costs” used to adjust a verdict, and that assessable costs are limited to those incurred between filing the complaint and the case evaluation date.
Holdings
- Attorney fees are not included in assessable costs used to adjust a verdict under MCR 2.403(O)(3), although attorney fees may be included in actual costs awarded as a mediation sanction under MCR 2.403(O)(6).
- Assessable costs used to adjust the verdict under MCR 2.403(O)(3) are limited to costs incurred between the filing of the complaint and the date of the mediation or case evaluation, not costs incurred through trial or the verdict.
Questions Presented
- Whether attorney fees are included in assessable costs used to adjust a verdict under MCR 2.403(O)(3).
- Whether assessable costs used to adjust a verdict under MCR 2.403(O)(3) are calculated through the date of the verdict or only through the date of the mediation or case evaluation.
Disposition
affirmed
Cases Cited (9)
- CAM Constr. v. Lake Edgewood Condo. Ass'n, 465 Mich. 549, 553, 640 N.W.2d 256 (2002)(followed)
- 252 Mich. App. 490, 652 N.W.2d 669 (2002)(affirmed)
- Beach v. State Farm Mut. Automobile Ins. Co., 216 Mich. App. 612, 550 N.W.2d 580 (1996)(distinguished)
- Grow v. W A Thomas Co., 236 Mich. App. 696, 601 N.W.2d 426 (1999)(not followed)
- Haveman v. Kent County Road Commissioners, 356 Mich. 11, 18, 96 N.W.2d 153 (1959)(followed in part)
- Kales v. Oak Park, 315 Mich. 266, 271, 23 N.W.2d 658 (1946)(followed in part)
- Hopkins v. Hopkins, 287 Mass. 542, 547, 192 N.E. 145 (1934)(followed in part)
- Nemeth v. Abonmarche Dev., Inc., 457 Mich. 16, 37-38, 576 N.W.2d 641 (1998)(followed)
- Barnhart v. Thomas, 540 U.S. 20, 124 S. Ct. 376, 157 L. Ed. 2d 333 (2003)(followed in concurrence)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…