Party added through "Notice of Third Party Fault" seeks sanctions
The Koza family sued a number of parties after their new mobile home became consumed by toxic mold. One of the original Defendants identified a number of contractors who helped place the home, including Unique Electric, as "non parties at fault" in causing the water leakage that resulted in the runaway mold problem. The Plaintiff family joined them in the suit, which was ultimately settled by the original defendants. Meanwhile "Unique" was dismissed by summary disposition and sought costs from the Koza family, maintaining the claim against Unique was frivolous.
The Court denied sanctions, pointing out that the contractor was involved in excavating near the home's foundation and "could, conceivably have caused the problems." Simply because the claim was ultimately dismissed did not render it frivolous.