United States District Court, Eastern District of Michigan; Case #04-40286
Honorable Judge Paul G. Gadola
Official Michigan Reporter Citation: Not Applicable, Opinion not Available 
STATUTORY INDEXING:
Allowable Expenses for Attendant Care [3107(1)(a)]
Allowable Expenses: Reasonably Necessity Requirement [3107(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this written opinion, Judge Paul Gadola granted Defendant State Farm’s motion for attorney fees, finding that plaintiff’s request for attendant care was “so excessive as to have no reasonable foundation.” The plaintiff in this case filed a claim for 24-hour attendant care in the amount of $485,000. Defendant refused to pay, citing an earlier contract in which it agreed to pay plaintiff $179,250 for home modifications which plaintiff failed to make. In an earlier motion, the court found that based on the plain language of the contract, the parties never intended that defendant would be obligated to pay for 24-hour care after it paid for home modifications. Consequently, the court found there was no genuine issue of material fact and granted defendant summary judgment.