Hamilton v. Becker Orthopedic Appliance Co.

The sole issue before this Court is whether the trial court erred in denying defendant costs and attorney fees pursuant to MCR 2.405. We find that the trial court did err. Consequently, we reverse and remand for further proceedings consistent with this opinion.

i

The history of the parties’ engagement under the offer of judgment rule, MCR 2.405, is varyingly described as "hollow offers” by the plaintiff and as "mind boggling” "ping-pong” playing by the trial court. Both characterizations are accurate and reflect how cavalierly the parties participated in the settlement process contemplated by…