Vandenheuvel v. Wagner

673 N.W.2d 524, 2004 Minn. App. LEXIS 57, 2004 WL 77811
CourtCourt of Appeals of Minnesota
DecidedJanuary 16, 2004
DocketA03-324
StatusPublished
Cited by2 cases

This text of 673 N.W.2d 524 (Vandenheuvel v. Wagner) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vandenheuvel v. Wagner, 673 N.W.2d 524, 2004 Minn. App. LEXIS 57, 2004 WL 77811 (Mich. Ct. App. 2004).

Opinions

OPINION

G. BARRY ANDERSON, Judge.

Appellants, D. Scott and Dawn Vanden-heuvel, challenge the district court’s award to respondent of all of respondent’s costs [525]*525and disbursements, after appellant’s rejected an offer of judgment that was ultimately more favorable than the net judgment. Appellants argue that Minn. R. Civ. P. 68 gives offerors the right to only costs and disbursements incurred after the offer of judgment when the rejected offer is more favorable than the net judgment. Because we conclude that the district court did not err in granting respondent all of his costs and disbursements, we affirm.

FACTS

The facts are not in dispute in this case. On May 11, 2000, appellant Dawn Vanden-heuvel and respondent were involved in an automobile accident, injuring appellant Dawn Vandenheuvel’s back and shoulder. Appellants brought suit against respondent for personal injuries and loss of consortium.

One month before trial, respondent made an offer of judgment pursuant to rule 68 in the amount of $25,000. Appellants rejected this offer. Appellants prevailed at trial and damages were set at approximately $32,090. The no-fault automobile insurer had paid appellants $20,090, and this amount was offset. Thus, the net judgment was approximately $12,000. Because the net judgment in favor of appellants was less than the offer, the district court granted respondent all of his costs and disbursements, over appellants’ objections. This appeal followed.

ISSUE

Does Minn. R. Civ. P. 68 allow the recovery of all costs and disbursements — or only those incurred after the offer is made and rejected — when the offer of judgment is greater than the net judgment?

ANALYSIS

Appellants argue that rule 68 allows offerors to recover only those costs and disbursements incurred after the date on which the offer of judgment was made. Minn. R. Civ. P. 68 states:

At any time prior to 10 days before the trial begins, any party may serve upon an adverse party an offer to allow judgment to be entered to the effect specified in the offer or to pay or accept a specified sum of money, with costs and disbursements then accrued, either as to the claim of the offering party against the adverse party or as to the claim of the adverse party against the offering party.... An offer not accepted is not admissible, except in a proceeding to determine costs and disbursements. If the judgment finally entered is not more favorable to the offeree than the offer, the offeree must pay the offeror’s costs and disbursements.

(Emphasis added.) The purpose of this rule is “to encourage settlement by all parties.” Minn. R. Civ. P. 68 1985 advisory comm. note. Thus, “[t]he principal effect of making an offer of settlement under [rjule 68 is to shift the burden of paying costs.” Id. This is a change from the previous rule 68.01, which stated, “[T]he offeree must pay the costs and disbursements incurred after the making of the offer.” Minn. R. Civ. P. 68.01 (1984) (emphasis added). The previous rule was, in this regard, like the current federal rule, which states, “[T]he offeree must pay the costs incurred after the making of the offer.” Fed.R.Civ.P. 68.

We review legal issues concerning offers of judgment de novo. Collins v. Minn. Sch. of Bus., Inc., 655 N.W.2d 320, 324 (Minn.2003). Rules of court are to be interpreted in the same manner as statutes and are to be “construed in the sense in which they were understood and intended at the time the rule was promulgated.” Nguyen v. State Farm Mut. Auto. Ins. Co., 558 N.W.2d 487, 490 (Minn.1997) [526]*526(quoting House v. Hanson, 245 Minn. 466, 473, 72 N.W.2d 874, 878 (1955)). A statute’s plain language is to be given its plain meaning when the statutory language is unambiguous. Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 712 (Minn.1995).

In 1991, the Minnesota Supreme Court was asked to decide whether certain parties were entitled to costs and disbursements under rule 68 and whether those costs included attorney fees. Bucko v. First Minn. Sav. Bank, F.B.S., 471 N.W.2d 95, 98 (Minn.1991). The court decided that the defendant was entitled to costs and disbursements from only one of the three plaintiffs. Id. The court concluded, “[Plaintiff], however, recovered nothing and must therefore pay the [defendant’s] costs and disbursements incurred from the date of its offer of judgment until judgment was entered by the trial court.” Id. But Bucko did not involve a dispute over and did not analyze when recoverable costs and disbursements began to accrue for purposes of rule 68; the supreme court referred to the date of the offer of judgment without actually analyzing whether that was the relevant date. Bucko provides the basis for appellants’ argument.

In 1994, this court was faced with the question of whether a certain party was entitled to costs and disbursements. Imperial Developers, Inc. v. Seaboard Sur. Co., 518 N.W.2d 623, 628 (Minn.App.1994), review denied (Minn. Aug. 24, 1994). This court held that the offeror was “entitled to costs and disbursements under rule 68 for time spent on the parties’ ... claims from the date of its settlement offer to the first day of trial.” Id. at 629. As in Bucko, there was no analysis as to whether the date of the offer was the relevant date for calculating costs under rule 68.

More recently, the Minnesota Supreme Court considered the interplay between rule 68 and chapter 549 of the Minnesota Statutes. Borchert v. Maloney, 581 N.W.2d 838, 839 (Minn.1998). In determining that the prevailing party was entitled to recover costs and disbursements under the statute and that the offeror was also entitled to recover costs and disbursements because the net judgment was less favorable than the offer, the court did not indicate that the offeror’s costs and disbursements would be limited to those incurred after the date of the offer. Id. at 840-41. The court noted, “[T]he effect of having to pay the offeror’s costs and disbursements ... is still a powerful incentive for the offeree to reach a settlement even if the offeree may, in the end, recover her own costs and disbursements under the statute.” Id. at 841. In reaching this decision, the court emphasized that the Minnesota rule differs from the federal rule. Id. at 840.

This court has also applied rule 68 in other cases, without addressing the relevant date to be applied when calculating the offeror’s costs and disbursements. See, e.g., Luna v. Zeeb, 633 N.W.2d 540, 542-44 (Minn.App.2001); see also Olson v. Nuszloch,

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Related

Vandenheuvel v. Wagner
690 N.W.2d 753 (Supreme Court of Minnesota, 2005)
Vandenheuvel v. Wagner
673 N.W.2d 524 (Court of Appeals of Minnesota, 2004)

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673 N.W.2d 524, 2004 Minn. App. LEXIS 57, 2004 WL 77811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vandenheuvel-v-wagner-minnctapp-2004.