71-A District Court; Docket No. C-78-636; Unpublished
Judge John P. Spires; Oral Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In an oral Opinion summarized in a letter to the author, Judge Spires ruled that any earnings or economic benefits that were subject to income tax and were lost because a person sustained accidental bodily injury in a motor vehicle accident were lost wages under §3107(b) of the statute and thus compensable with no-fault benefits. This includes an injured person's hourly wage, as well as his profit sharing and pension plan contributions by his employer. In addition, Judge Spires ruled that to the extent an employee was required to purchase other hospitalization health insurance, this could be recovered under the replacement service provisions of §3107(b). Judge Spires also permitted the successful plaintiff to recover 12 percent interest under §3142 of the statute, an additional six percent interest under the general interest provisions of the RJA, and actual attorney fees consisting of 33 percent of the recovery.
