Hutson v. Costco Wholesale Corp.

Rehrig International, Inc., appeals the trial court’s denial of its motion for attorney fees. Under MAR 7.3, the party requesting a trial de novo must pay attorney fees if that party does not improve its position at the trial de novo. Rehrig argues that its codefendant, Costco Wholesale Corporation, did not improve its position because both the arbitrator and the jury found that Rehrig was not liable on the plaintiff’s claim. Costco argues that it *334improved its position because its liability to the plaintiff was reduced by $20,000. We hold that Costco did improve its position and affirm the…