MICHAEL MCGEE V CITY OF DETROIT

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STATE OF MICHIGAN COURT OF APPEALS MICHAEL MCGEE, UNPUBLISHED July 30, 2002 Plaintiff-Appellant, v No. 225819 Wayne Circuit Court LC No. 98-809709-NF CITY OF DETROIT, Defendant-Appellee. MICHAEL MCGEE, Plaintiff-Appellee, No. 225824 Wayne Circuit Court LC No. 98-809709-NF v CITY OF DETROIT, Defendant-Appellant. _______________________________________ Before: White, P.J., and Whitbeck, C.J., and Holbrook, Jr., J. WHITE, P.J. (concurring in part and dissenting in part). Recognizing that the alleged supervening event in the instant case did not remove plaintiff from the workforce as in MacDonald v State Farm Mutual Ins Co, 419 Mich 146; 350 NW2d 233 (1984), and Luberda v Farm Bureau General Ins Co, 163 Mich App 457; 415 NW2d 245 (1987), and that this case can be analogized to Marquis v Hartford Accident & Indemnity (After Remand), 444 Mich 638; 513 NW2d 799 (1994), where the plaintiff voluntarily quit favored work, I conclude that there was a question of fact whether plaintiff would have earned wages, even after the drug test, were it not for the accident. I agree that there was a question of fact whether the drug test was valid, and also agree that plaintiff is not entitled to twelve percent interest under MCL 600.6013(5). Lastly, I do not agree that the trial court erred in denying mediation sanctions. “Verdict” includes a jury verdict and a judgment entered as a result of a ruling on a motion after rejection -1- of the mediation evaluation. The “verdict” in the instant case was a product of both; in fact, the ruling on the motion played the largest factor in the ultimate “verdict.” There is nothing in MCR 2.403(O) to preclude the trial court’s approach. The trial court’s reasoning was sound and should be affirmed. /s/ Helene N. White -2-

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