Burris v Allstate Insurance Company; (MSC, 3/7/2008; RB# 3029)

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The Michigan Supreme Court, Docket No. 132949; Published
4-3 Order (with Corrigan concurring Weaver, Cavanagh, and Kelly dissenting)
Official Michigan Reporter Citation: 480 Mich 1081; Link to Opinion altLink to COA Summary alt


STATUTORY INDEXING:    
Allowable Expenses for Attendant Care [3107(1)(a)]

TOPICAL INDEXING:  
Not applicable 


CASE SUMMMARY:   
In this 4-3 Order, with Justice Corrigan concurring and Justices Weaver, Cavanagh, and Kelly dissenting, the Supreme Court, after hearing oral arguments on the application for leave to appeal the September 21, 2006 judgment of the Court of Appeals, and In lieu of granting leave to appeal, REVERSED the judgment of the Court of Appeals and REINSTATED the Wayne Circuit Court’s September 10, 2004 Order Granting Judgment Notwithstanding the Verdict in Part and the February 23, 2005 Order for Final Judgment and for Sanctions. In this regard, the Court reasoned:

 “. . .because the plaintiff did not present sufficient evidence at trial that he incurred attendant care expenses. The evidence failed to establish that the attendant care providers expected compensation for their services. Therefore, the evidence failed to establish that the plaintiff “incurred” attendant care expenses.” (citing Proudfoot v State Farm Mut Ins Co, 469 Mich 476, (2003))”.