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Health Call of Detroit v. Atrium Home & Health Care Services9/8/2005
f the facts present in our particular case do not warrant more than an award of nominal damages, it does not matter whether there is a blanket rule of nominal damages as opposed to a rule that requires the issue of damages to be ascertained on a case-by-case basis; plaintiff loses. For this reason, and pursuant to principles regarding the law of the case doctrine, we are hesitant to explore whether or not the facts support a conclusion that future lost profits are speculative and uncertain. If we were to find that future damages were uncertain and speculative under the given facts, we would in fact be deciding that there did not actually exist an outcome-determinative conflict issue. Our directive is to resolve a legal conflict, not to reassess the facts. It appears to us that the conflict issue more properly and precisely stated is whether it is appropriate to limit recovery to nominal damages as a matter of law in all cases in which the damages sought arose out of or are related to the termination of an at-will contract. But, because we agree with the Health Call panel's assessment that the facts are sufficient to survive summary disposition and that more than nominal damages may be recoverable, and because this case presents a sound basis for rejecting any per se rule of only nominal damages, we shall discuss the facts as they relate to the law of damages without fear of treading on the sanctity of the special order that convened this panel.
The evidence established a continuum of care by defendant nurses before, during, and after the termination of the home nursing contract; the only significant change as far as nursing care was the corporate entity supplying defendant nurses to Williams and Harris. Williams testified that she asked defendant Atrium to keep the same nurses on the case. The question thus posed is whether this evidence is sufficient under principles governing summary disposition and MCR 2.116(C)(10) to create an issue of fact on damages for future lost profits such that they are not overly speculative or uncertain. Viewing the evidence in a light most favorable to plaintiff, Shepherd Montessori, supra at 324, we find the evidence sufficient to survive summary disposition. Considering the continuum of care and Williams' apparent satisfaction with and reliance on defendant nurses, a reasonable trier of fact could find that but for the alleged tortious interference by Atrium and Borner or the alleged breach of contract by defendant nurses, Williams would have continued using plaintiff Health Call pursuant to the contract beyond the date of actual termination because a bond or relationship had developed between Williams, Harris, and the nurses.
Indeed, in their brief on appeal, defendants acknowledged the close relationship between defendant nurses and Cierra Harris and Williams.
Cierra's mother also requested that the nurses continue providing Cierra with medical care, only through Atrium instead of Health Call. The reason for this request was that from the time Cierra was discharged from the hospital and [placed] into her foster home until the time Health Call was terminated from her case, the Nurses provided Cierra with the necessary twenty-four (24) hour nursing care. As a result of providing such care to Cierra, the Nurses developed a deep understanding of her special needs and the skills required to respond to these special needs. Cierra responded very well to the care the Nurses provided to her. Although Cierra's mother was dissatisfied with Health Call, she and the foster mother were very happy with the care the three (3) Nurses provided to Cierra. [Citations to record deleted.]
Plaintiff had a manifest interest and expectation in Williams's freedom
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