Court addresses admissibility of case evaluation and mediation testimony in fee and cost dispute
In Ferrer v. County of Wayne, the Court of Appeals was required to analyze the admissibilty of testimony originating in settlement procedures. The case reached the Court of Appeals after several defendants compromised an injury claim brought by a Northwest Airlines pilot who suffered injury when the airport fire protection system malfunctioned. The settling defendants sought contractual indemnity, and the contractor who had agreed to the indemnity contract argued that the settlements were improper and unreasoanble. The higher court noted that the settlements were consistent with existing law, reasonable, and the product of public-policy favored settlement procedures. Therefore, contractual indemnity provisions must control.