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Haas v. Briggs9/3/2002
UNPUBLISHED
This case arises out of a vehicle-pedestrian accident that resulted in Arthur Haas' death. Arthur Haas was the pedestrian, and defendant Jeffrey Duane Briggs drove the vehicle. Defendant Jerry Duane Briggs owned the vehicle. Plaintiff Saundra Haas, individually, and on behalf of Arthur Haas' estate, filed a lawsuit claiming that defendants' negligence caused Arthur Haas' death. Defendants claimed that Arthur Haas was at fault for his own death. The jury found that Arthur Haas was fifty-four percent at fault for the accident and that the estate's damages were $556,555. The jury also awarded plaintiff Saundra Haas $129,260 on her individual claim of negligent infliction of emotional distress.
In docket no. 224753, the parties appeal as of right from the trial court's orders partially granting defendants' motions for remittitur. In docket nos. 227758 and 227772, defendants appeal as of right from several lower court rulings involving plaintiff Saundra Haas' request for mediation sanctions. In docket no. 228511, which involves a separate lawsuit, plaintiff Saundra Haas appeals as of right from trial court orders denying her motion for summary disposition and granting the estate's motion for summary disposition. We affirm.
Docket No. 224753
As noted above, the jury found Arthur Haas to be fifty-four percent at fault for the accident. Accordingly, the trial court properly reduced the estate's damages by fifty-four percent. Defendants moved for remittitur, contending that the evidence only supported damages of $351,310.98. The trial court denied defendants' motion for remittitur, ruling that the jury could have considered inflation when determining the estate's economic losses.
A trial court may grant a motion for remittitur "if the jury verdict is 'excessive,' that is, greater than the highest amount that the evidence will support. MCR 2.611(E)(1)." Craig v Oakwood Hosp, 249 Mich App 534, 539; 643 NW2d 580 (2002). A trial court's decision on a motion for remittitur is reviewed for an abuse of discretion. Id. On appeal, defendants contend that the trial court abused its discretion by denying their motion for remittitur as to the estate's damages.
Here, it is undisputed that the estate incurred $5,196.38 in travel and funeral expenses. It is also undisputed that the estate suffered an economic loss based on the reduction in Arthur Haas' pension benefits following his death. Plaintiff Saundra Haas testified regarding both the "gross" and "net" pension benefit reduction. Thus, the jury could have based its verdict on either the "gross" or the "net" monthly reduction, calculated over the stipulated-to time period of 20.6 years. To the extent that the jury based its verdict on the "gross" monthly pension reduction, the evidence supported $412,727.59 in damages. Therefore, added to the travel and funeral expenses, the evidence certainly supported $417,923.97 in damages.
Nevertheless, the jury awarded the estate $556,555 in damages. The estate contends that the jury could have granted its request for loss of services calculated at $25 per day. However, we agree with defendants' contention that no evidence was introduced to support a damages award based on loss of services. As such, an award for loss of services would have been excessive. Craig, supra at 539.
The estate also contends, and the trial court concurred, that the jury could have granted its request to consider inflation. In fact, we note that, not only did the estate request that the jury consider inflation, but that the trial court instructed the jury that it could consider inflation when determining damages. Moreover, our Supreme Court has recogniz
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