Fischer v. Chez Ami Lanes

Defendants appeal as of right from the trial court’s order denying their motion for sanctions pursuant to MCR 2.405. On appeal, defendants claim that the amount of plaintiffs’ setoff,1 like plaintiffs’ comparative negligence,2 must be deducted in computing the adjusted ver*21diet amount for purposes of offer of judgment sanctions. We affirm.

The jury verdict awarded plaintiffs an amount that exceeded the average offer. Nevertheless, defendants argue that they should have been awarded sanctions pursuant to MCR 2.405 because, after deducting the $30,000 setoff, the final judgment of $27,512.53 was…