Temple v. Kelel Distributing Co.

This is a wrongful death action arising out of a motor vehicle collision. Defendant appeals as of right from a judgment of $316,000 entered pursuant to a jury verdict 1 and an award of attorney fees as mediation sanctions totalling $145,343.14. We affirm the judgment but reverse and remand as to the award of attorney fees.

i

The initial liability issue involves whether the instant action is barred by the exclusive remedy of the Workers’ Disability Compensation Act, MCL 418.131; MSA 17.237(131). Defendant’s motion for summary disposition, which alleged that plaintiff’s decedent was an employee…