Michigan Court of Appeals; Docket No. 55567; Unpublished
Judges Kaufman, Brennan, and Tahvonen; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Replacement Service Expense Benefits: Nature of the Benefit [§3107(1)(c)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this 2-1 per curiam Opinion, the Court of Appeals held that an injured plaintiff who was hospitalized 66 days as a result of an auto accident was not entitled to recover replacement service expenses per §3107(b) during the period of his hospitalization for certain household chores performed by his brothers and sisters and parents. The plaintiff in this case was a single man residing with his mother, stepfather, and siblings. The plaintiff had no legal dependents. The Court noted that the chores which were performed in the plaintiff’s stead by members of his family "were performed primarily for the benefit of his parents who ran the household." Even though some of those tasks which had been performed by the plaintiff prior to the accident were for his direct and indirect benefit, this was not the case when the plaintiff was hospitalized. During his hospital stay, he was not a member of the household and did not directly benefit from meal preparation, laundry services, etc. inasmuch as such services were performed for the plaintiff within the hospital, thereby making replacement services unnecessary. Accordingly, the Court of Appeals affirmed the Circuit Court (item number 307) decision that plaintiff was not entitled to replacement services during the period of his hospitalization. Judge Kaufman dissented arguing that the chores performed by other family members benefited the entire family group as well as the injured person because of his membership therein.
In light of the fact that defendant's position was correct on this issue, the Court held that an award of attorney fees under §3148 and an award of interest under §3142 was not properly recoverable.
