Bennett v. Weitz

In this medical malpractice action involving mediation sanctions, plaintiffs appeal by leave granted the circuit court’s reversal of the district court’s order granting plaintiffs’ motion to compel, the distribution of attorney fees and costs. We affirm.

After mediation, the panel issued an evaluation in favor of plaintiffs Cynthia and James Bennett for $7,500, which all parties rejected. The jury later rendered a $5,000 verdict for plaintiffs. Because the adjusted verdict of $5,787.40 was more than ten percent below the mediation evaluation, defendants were entitled to mediation sanctions.…