BENNETT v. MED. EVALUATION SPECIALISTS

Docket Nos. 213274, 215874.

624 N.W.2d 492 (2000)

244 Mich. App. 227

Angela BENNETT, Plaintiff-Appellee, v. MEDICAL EVALUATION SPECIALISTS, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 26, 2000, at 10:10 a.m.

Released for Publication March 8, 2001.


Attorney(s) appearing for the Case

Thomas E. Marshall, P.C. (by Thomas E. Marshall and Janice Williams-Jones), Troy, for the plaintiff.

Butzel Long (by Melvin J. Hollowell, Jr., and Daniel B. Tukel), Detroit, for the defendant.

Plunkett & Cooney, P.C. (by Jeffrey C. Gerish), amicus curiae, Detroit, for Michigan Defense Trial Counsel, Inc.

Before OWENS, P.J., and Michael J. KELLY and HOEKSTRA, JJ.


HOEKSTRA, J.

In this case, we are asked to resolve what is the proper sanction for an intentional violation of MCR 2.403(N)(4). We hold that when a party intentionally reveals the amount of a mediation evaluation to the trial court during a nonjury trial, the trial court must declare a mistrial and reassign the case to another judge. Accordingly, we vacate the trial court's judgment and remand for a new trial before a different judge.

Plaintiff sued defendant...

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