Oakland County Circuit; Docket No. 78-172-510-CK; Unpublished
Judge Robert B. Webster, Order
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In an order explained in a letter to the author, Judge Robert Webster held that various personal services rendered to an injured 35-year-old man by his stepmother were "allowable expenses" within the meaning of §3107(a) of the statute and as such were not subject to the amount and duration limitations contained in §3107(b). The plaintiff in this case sustained brain damage as a result of an automobile accident. Plaintiff was declared a mentally incompetent Subsequent to a lengthy hospitalization and institutionalization, he moved in with his father and stepmother. Since that time, the stepmother served meals in bed, bathed, escorted the plaintiff to the doctor's office, followed the doctor's advice and instructions with regard to assisting the plaintiff and exercising his body and extremities, diet and taking medication, and assisting with speech and association problems and exercises. The insurance company refused to pay $20 per day based upon the belief that the familiar relationship disqualified the stepmother from receiving payment Judge Webster rejected the insurance company's argument, holding that such benefits were compensable under §3107(a) of the Act.
In addition, Judge Webster ruled that the plaintiff’s complaint set forth a cause of action compensable under Michigan law for intentional infliction of emotional distress arising out of a breach of contract concerning matters of mental concern and solicitude. However, the plaintiff may not collect a double recovery.
