Haliw v. City of Sterling Heights

This case presents the question whether “actual costs,” as provided in MCR 2.403(0), include reasonable appellate attorney fees necessary to obtain a favorable verdict after rejection of a case evaluation.1 We hold that they do, and accordingly, reverse and remand for further proceedings in the trial court.

1. overview of facts and proceedings

Mrs. Valeria Haliw was walking on a snow-covered sidewalk when she slipped and fell on a patch of ice *692that had formed where two sections of the sidewalk met to create a depression. Mrs. Haliw and her husband, Ilko Haliw, filed their complaint on January…