BALDASAN v. NATIONAL PRECAST, INC, 451 Mich. 894 (1996)

549 N.W.2d 321

BALDASAN v. NATIONAL PRECAST, INC,

Nos. 104552, 104553.Supreme Court of Michigan.
May 17, 1996.

Summary Disposition May 17, 1996:

In lieu of granting leave to appeal, the Court of Appeals judgment is reversed insofar as it affirms the award of mediation sanctions against defendant National Precast, Inc. MCR 7.302(F)(1). Under MCR 2.403(L)(3)(c), for the purposes of the costs provisions of subrule (O), National Precast’s limited acceptance is not deemed a rejection with regard to plaintiffs because plaintiffs did not accept the mediation panel’s evaluation. That part of the Court of Appeals judgment that remands for remittitur of the jury award for lost wages is also reversed. For the reasons argued in plaintiffs’ brief in the Supreme Court, the jury’s award is supported by the evidence. In all other respects the applications are denied. The stay of execution previously ordered by this Court is vacated. Court of Appeals Nos. 156637, 158475.

LEVIN, J.

I would deny leave to appeal; but could join in an order granting leave to appeal, and dissent from the peremptory reversal of the Court of Appeals on the remittitur issue.

CAVANAGH, J.

I dissent from the peremptory disposition of a matter involving issues of first impression and over which there have been conflicting results in the Court of Appeals.

Reconsideration denied June 28, 1996.