Michigan Court of Appeals; Docket #223991 and 225901; Unpublished
Judges Cooper, Griffin and Saad; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Calculation of Benefits [3107(1)(b)]
Replacement Service Expenses Benefits: The Incurred Requirement [3107(1)(c)]
General / Miscellaneous [3142]
General / Miscellaneous [3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals rejected plaintiff’s challenge to the adequacy of a jury verdict in his favor on plaintiff’s claim for no-fault wage loss benefits. The plaintiff claimed that, as a result of automobile accident injuries, he was entitled to no-fault wage loss benefits under section 3107(1)(b) in excess of $44,000. There was considerable medical testimony at trial as to whether plaintiff, after having completed a work conditioning program, was capable of returning to his employment. With regard to this issue, there was conflicting evidence. The jury awarded plaintiff only $3,000 in wage loss benefits. The Court of Appeals refused to disturb the jury verdict, citing the fact that the credibility of witnesses was an important issue and the evidence was conflicting.
The court also affirmed the trial court’s ruling that plaintiff had failed to establish a prima facie case regarding his claim for replacement service expenses. In this regard, plaintiff offered only vague testimony regarding his need for services, who rendered the services and the nature of the services that were rendered. This testimony was not adequate to create a jury question and, therefore, directed verdict was proper. The court also refused to grant additur. The Court of Appeals also affirmed the denial of interest under section 3142 and attorney fees under section 3148 of the statute.
