Michigan Court of Appeals; Docket #261505; Unpublished
Judges Cavanagh, Markey, and Meter; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
On March 7, 2008, The Michigan Supreme Court Reversed this decision in lieu of granting leave to appeal; Link to MSC Summary
STATUTORY INDEXING:
Allowable Expenses for Attendant Care [3107(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals reversed the trial court Order granting defendant partial judgment notwithstanding the verdict on plaintiff’s claim for payment for attendant care services.
The plaintiff in this case received 24-hour attendant care services from friends and family. The trial court granted defendant partial judgment notwithstanding the verdict, finding that plaintiff did not “incur” expenses for the services because the providers did not bill him. The Court of Appeals reversed, finding that testimony regarding the attendant care services was sufficient to create a question of fact whether the expense was indeed incurred. In this regard, the court stated:
“Plaintiff was not required to actually be billed by his family and friend in order to establish that he ‘incurred’ the expense of their attendant care services; thus, it was for the jury to decide whether he was entitled to collect the value of the services and to make the determination of the value. . . . Accordingly, the trial court’s order granting defendant’s motion for JNOV on the ground that there was insufficient evidence presented to create an issue for the jury as to whether plaintiff ‘incurred’ the expense is reversed.”
