Yoon v. Keeling

— Honey Fernau appeals a trial court order requiring her to pay attorney fees to codefendant Henry Keeling. She contends that she improved her position at the trial de novo and, thus, is not liable for fees pursuant to MAR 7.3. But the jury held Fernau responsible for a greater percentage of fault than did the arbitrator in his award. We hold that, notwithstanding an intervening settlement with the plaintiff that reduced the dollar amount of the award, Fernau did not improve her position “on the trial de novo.” Thus, we affirm.

FACTS

Following mandatory arbitration, the arbitrator entered an…