Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

07/07/95 THOMAS A. FISCHER v. CHEZ AMI LANES

July 7, 1995

THOMAS A. FISCHER, AND DONNA J. FISCHER, PLAINTIFFS-APPELLEES,
v.
CHEZ AMI LANES, AND SCALICI DEVELOPMENT CO., JOINTLY AND SEVERALLY, DEFENDANTS-APPELLANTS.



Before: McDonald, P.j., and Connor and P.h. Chamberlain,* JJ.

The opinion of the court was delivered by: Connor

CONNOR, J.

Defendants appeal as of right from the trial court's order denying their motion for sanctions pursuant to MCR 2.405. On appeal, defendants claim that the amount of plaintiffs' setoff, *fn1 like plaintiffs' comparative negligence, *fn2 must be deducted in computing the adjusted verdict amount for purposes of offer of judgment sanctions. We affirm.

The jury verdict awarded plaintiffs an amount that exceeded the average offer. Nevertheless, defendants argue that they should have been awarded sanctions pursuant to MCR 2.405 because, after deducting the $30,000 setoff, the final judgment of $27,512.53 was less than the average offer. The trial court, in denying defendants' motion for sanctions, ruled that the plain language of the court rule reflects an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.