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Ream v. Burke Asphalt Paving

9/9/2003

an adequate award for the injuries actually sustained by plaintiffs. Defendants also fail to discuss the relevance of the comparison cases in light of any enhanced pain and suffering associated with the multiple, concurrent injuries involved here, or any added mental distress damages associated with the particular circumstances surrounding the accident, such as Terry Ream's ability to observe the extensive injuries of his wife afterward, and defendants' post-accident conduct. We do not view our Supreme Court's discussion concerning the limited value of comparable awards to require a trial court to accept a defendant's attempt to combine average damage awards of different injuries as if from an a' la carte menu. Such a comparison does not adequately take into account the whole of plaintiffs' injuries as they were suffered.


Upon considering the evidence as a whole and the arguments presented, the trial court's denial of defendants' motion for remittitur is not "so palpably and grossly violative of fact and logic that it evidences perversity of will or the exercise of passion or bias rather than the exercise of discretion." Churchman v Rickerson, 240 Mich App 223, 233; 611 NW2d 333 (2000).


Affirmed.


Patrick M. Meter


Michael J. Talbot


Stephen L. Borrello






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