Dolphus Mcgill v. James Beardon

¶1 — MAR 7.3 and RCW 7.06.060U) 1 require that the superior court assess costs and reasonable attorney fees against a party who asks for a trial de novo and does not improve his or her position at trial. Here, the parties disagree about how to determine if Dolphus McGill improved his position at a trial de novo.

¶2 James Bearden sued McGill for damages caused by an auto accident. An arbitrator awarded Bearden $44,000.00 in compensatory damages and $1,187.00 in statutory costs, for a total arbitration award of $45,187.00. McGill requested a trial de novo. The jury awarded Bearden less in…