First-Party No-Fault Claim

Court/Case No: Oakland County Circuit Court; 12-128435-NF

Tried/Argued Before: Jury

Demand: $341,414 in attendant care benefits

Verdict: Verdict - $26,244 plus judgment interest

Name of Judge(s): Honorable James Alexander

Keys to the Case:

Plaintiff was claiming $30/hour for 24/7 attendant care benefits for plaintiff with traumatic brain injury. Defendant was paying $11.44/hour for 16 daytime hours & $7.40/hour for eight nighttime hours. The jury held that the daytime rate was reasonable but increased the nighttime rate to equal the daytime rate. Testimony of the claims adjuster and the plaintiff’s primary caregiver established that a “supervisory” level of care was what plaintiff required and was actually receiving from family caregivers as opposed to the services of either a “life skills trainer” or “behavioral tech” as claimed by plaintiff at $30-$45/hour.

Defense SW attorney(s) Involved in Case:

• Mark E. Morley