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Nos. 126706 126707
| Richard V. Stokan, |
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David W. Hearsch |
Plaintiff-Appellee, |
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vs (Huron - Higgins, M.) |
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| Huron County, |
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Daniel P. Dalton |
| Defendant-Appellant. |
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Andrey T. Tomkiw |
| ______________________________________ |
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Plaintiff-Appellee's Supplemental Brief>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Authority in Support of Application>>
Defendant-Appellant's Supplemental Brief>>
Background
Richard V. Stokan left employment with Huron County 's sheriff department in 1988 when he was 48 years old, after 20 years of service. In 1995, when Stokan reached the age of 55, he applied to Huron County for health care benefits pursuant to Huron County Board of Commissioners Resolution 23-83, which provides such benefits "upon retirement." The county denied Stokan's request, taking the position that Stokan was ineligible because he failed to meet the age requirement at the time of retirement. Stokan sued. The trial court concluded that Stokan was entitled to county-paid health insurance benefits commencing in 1995; the court also ordered a trial on the issue of damages. A jury determined that Stokan was entitled to $14,000; in addition, the trial court ordered the county to pay Stokan's health insurance premiums. The county moved for mediation sanctions under Michigan Court Rule (MCR) 2.403(O), noting that the case was valued at $40,000 at a pretrial mediation session, that Stokan rejected that valuation, and that the jury's verdict was only $14,000. Under the court rule, a party who rejects a pretrial mediation award "must pay the opposing party's actual costs unless the verdict is more favorable to the rejecting party than the case evaluation." Stokan responded that, because the trial court also ordered the county to pay his premiums, the trial award exceeded the mediation award. The trial court denied the request for mediation sanctions. The Court of Appeals affirmed all trial court rulings. Huron County appeals.
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