McKelvie v. City of Mount Clemens

Plaintiffs appeal from orders of the circuit court requiring them to pay defendant City of Mt. Clemens’ costs and attorney fees of $35,242.84. The Court also entered an order granting plaintiffs’ motion for voluntary dismissal without prejudice of their action against defendant. Defendant cross appeals from the order of voluntary dismissal. We reverse and remand.

Plaintiff Frank McKelvie was injured in an automobile accident in the City of Mt. Clemens and, as a result, was rendered a paraplegic. Plaintiffs filed this action against defendant in Macomb Circuit Court, alleging that defendant had…