Fansler v. Independence Professional Fireworks, 206 Mich App 123 (2005)
Feb 24, 2005OUTCOME: Denial of Summary Disposion upheld by Court of Appeals in favor of client
The case arose from a catastrophic explosion at a fireworks factory in Hillsdale, Mi., killing five. Appellants were identified by my client (Independence Professional Foreworks) as non-parties at faul ... t pursuant to MCR 2.112(K) and subsequently joined as party defendants. Appellant's summary disposition against the plaintiffs was subsequently granted. Appellants therafter moved to tax costs of nearly $200,000 against my client in the trial court, claiming their joinder as defendants was solely the result of being named in my clients Notice of Non-Party Fault and were thus "prevailing parties" under MCR 2.625. The motion was denied at the trial court and an appeal of right ensued. Following oral aruments the Court of Appeals rejected the argument, finding prevailing party sanctions inapplicable as neither had a vested right of action or recovery against my client.
