Oakland County Circuit Court; Docket No. 80-215535-CR; Unpublished
Judge Steven Andrews; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Allowable Expenses for Room and Board [§3107(1)(a)]
One-Year Back Rule Limitation [§3145(1)]
Tolling of Limitations for Minors [§3145(1)]
TOPICAL INDEXING:
Revised Judicature Act – Tolling of Statutes of Limitations (MCL 600.5851 – 600.5856)
CASE SUMMARY:
In this case, it was held that parents of an injured person are not precluded as a matter of law from charging for room and board, not withstanding the fact that the injured person is a minor living at home. In addition, the one year statute of limitations as to claims of minors for services rendered does not apply to such a cause because claims of the parents are derivative of the minor's claim which is protected by the savings provisions of the RJA. The plaintiff in this case suffered permanent brain damage after being struck by a car in 1974 when he was 10 years old. Plaintiff is confined to a wheelchair and has suffered extreme mental impairment. The jury awarded $128 per day in nursing care (16 hours per day at $8 per hour), $30 per day room and board, $19,000 in home modifications and $12,000 for past services rendered.