Dessart v. Burak

Plaintiffs appeal as of right from an order entered by the trial court denying their motion for mediation sanctions under MCR 2.403(0). We affirm. In so doing, we hold that in adjusting a verdict for purposes of MCR 2.403(O)(3), the term “assessable costs” set forth therein includes only those costs taxable in a civil action incurred from the filing of the complaint to the date of mediation; “assessable costs” do not encompass postmediation costs or attorney fees.

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This is a third-party automobile negligence action arising from a collision between vehicles driven by plaintiff William Dessart…