 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sanders v. DaimlerChrysler Corporation6/28/2002
mined that the fees charged by defendant's experts were unreasonable without providing a basis for this determination or for the rate selected by the trial court as a reasonable rate. In addition, the trial court determined that defendant was not entitled to expert witness fees for Dr. Guenther because Dr. Guenther did not testify at trial.
Because the record does not indicate that the trial court thoroughly considered and weighed the reasonableness of defendant's expert witness fees, we conclude that its ultimate, reduced award of $12,150 for expert witness fees constituted an abuse of discretion. In addition, the trial court made a mistake of law in refusing to award expert witness fees for a witness who did not testify at trial. MCL 600.2164(1); Miller Bros v Dep't of Nat'l Resources, 203 Mich App 674; 513 NW2d 217 (1994); Hererra v Levine, 176 Mich App 350, 357-358; 439 NW2d 378 (1989). Therefore, we vacate the order granting in part defendant's motion for costs and fees and remand for the trial court to make detailed findings with regard to expert witness fees.
Docket numbers 228305, 229907, and 229989 are affirmed. In docket number 231345, we vacate the order granting in part defendant's motion for costs and fees and remand for proceedings consistent with this opinion. Jurisdiction is not retained.
William C. Whitbeck
E. Thomas Fitzgerald
Jane E. Markey
Page 1 2 3 4 Michigan Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|