Ferris v. General Motors, 2010 ACO #50
This matter was appealed by the defendant based on, among other issues, the improper award of an attorney fee by the magistrate. The magistrate awarded the payment of an attorney fee on unpaid medical bills to plaintiff’s counsel by the defendant even though plaintiff’s counsel never specifically requested same on either the Application for Mediation or Hearing or at the time of trial.

Key Point: The magistrate may not unilaterally award an attorney fee on unpaid medical bills when the plaintiff’s attorney does not specifically request an attorney fee on the bills at the time of trial.