Bearden v. McGill

WIGGINS, J. (dissenting)

¶ 22 To determine whether a party has improved its position at trial after seeking a trial de novo from an arbitration award, we must decide whether that party's pre- and posttrial positions include only the damages awarded for the claim at each proceeding, or if the party's compared positions also include the statutory costs awarded for expenses incurred during litigation. Because the amount of costs awarded to a party generally has nothing to do with the merits of the dispute, costs should *454not be considered in determining whether a party improved its position at the…