Price v. High Pointe Oil Co.
817 N.W.2d 583
Mich. Ct. App.2011Background
- High Pointe Oil pumped 396 gallons of fuel oil into Beckie Price’s basement after her name was mistakenly on its keep-full list.
- Oil contamination required demolition of Price’s entire house and displaced her for about two years.
- Price previously removed the oil tank and furnace; no deliveries occurred from Oct 2006 to Nov 2007.
- Trial court allowed noneconomic damages for mental anguish related to property damage; defendant appealed.
- Plaintiff’s economic losses were paid by insurer; she did not incur out-of-pocket costs.
- Jury awarded $100,000 in noneconomic damages; defendant challenged summary disposition, JNOV, and remittitur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether noneconomic damages are recoverable for destruction of real property | Price may recover mental anguish damages | Damages limited to property value differences; no noneconomic for real property | Yes; noneconomic damages may be recovered for destruction of real property |
| Whether the trial court properly allowed non-economic damages for mental anguish | Damages flow from property destruction; evidence supports mental anguish | No explicit physical manifestation required; controversy over real vs personal property | Yes; Court affirmed noneconomic damages for mental anguish tied to property destruction |
| Whether the evidence showed sufficient basis for noneconomic damages | Evidence of anxiety, sleeplessness, doctor visits, antidepressant use | Evidence insufficient or speculative | Yes; substantial testimony supported submission to jury |
| Standard of review for remittitur and JNOV | Trial court properly evaluated credibility and evidence | Remittitur should reduce award | Affirmed; no abuse of discretion in denying remittitur and JNOV |
| Whether Daley and Koester restrict noneconomic damages for real property | Daley permits emotional distress damages; real property not categorically excluded | Koester bars emotional distress for property-related loss | No; noneconomic damages permitted for real-property loss; Daley applied; Koester distinguished |
Key Cases Cited
- Sutter v Biggs, 377 Mich 80 (1966) (damages as natural consequences of tortious act; foreseeability not required)
- McClain v Univ of Mich Bd of Regents, 256 Mich App 492 (2003) (distinguishes emotional distress from mental anguish and allows other damages)
- Koester v VCA Animal Hosp, 244 Mich App 173 (2000) (no emotional-injury damages for property damage involving pets (personal property))
- Bernhardt v Ingham Regional Med Ctr, 249 Mich App 274 (2002) (recovery issues where property-related loss involved intangible harm)
- Daley v LaCroix, 384 Mich 4 (1970) (abandoned impact rule; physical injury need not accompany emotional distress)
- Ledbetter v Brown City Savings Bank, 141 Mich App 692 (1985) (distinguishes mental anguish from emotional distress, allows recovery of non-emotional damages)
- Paulitch v Detroit Edison Co, 208 Mich App 656 (1995) (emotional damages evidence supported higher award in discrimination case)
- Howard v Canteen Corp, 192 Mich App 427 (1991) (affirmed denial of remittitur for mental anguish awards in discrimination case)
- Taylor v Kent Radiology, PC, 286 Mich App 490 (2009) (guidance on reviewing remittitur under MCR 2.611(E))
- Unibar Maintenance Servs, Inc v Saigh, 283 Mich App 609 (2009) (deference to trial court’s credibility determinations in remittitur)