Plaintiff Beckie Price sued Defendant High Pointe Oil Company, Inc. claiming, among other things, for damages for the mental anguish, emotional distress, and other psychological injuries sustained when High Pointe negligently pumped 400 gallons of oil into the basement of her house. Price v High Pointe Oil Company: Michigan Supreme Court Delivers Blow to Homeowners The Michigan Supreme Court handed down a decision recently in the case of Price v High Pointe Oil Company that represents a significant loss for homeowners and their ability to obtain compensation in cases involving the destruction of their homes. High Pointe Oil Co., Inc., 294 Mich.App. 42, 60, 817 N.W.2d 583 (2011).] Defendant applied for leave to appeal in this Court. We granted leave and subsequently heard oral argument. Price v. High Pointe Oil Company, Inc. – Plaintiff Becky Price’s house was destroyed when High Point; mistakenly filled her basement with large amount of oil. House was rebuilt and she was reimbursed for all of her economic losses. Price sued for negligence, including for non-economic damages like pain and suffering. Price v. High Pointe Oil Company, Inc. Court ruled in favor of the defendant, stating that noneconomic damages for the negligent destruction of property are not recoverable. Price v. High Pointe Oil Company. concluded that a longstanding common law rule should remain in effect. case law reasoning. Chapter 1 The Nature of Law 55 Terms. phillip_hale. Business Law 52 Terms. katelyn_lee21 PLUS. OTHER SETS BY THIS CREATOR. L201 Chapter 9: Intro to Contracts 18 Terms.
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The interesting new Michigan case of Price v. High Pointe Oil Company, could make you wonder whether the law is heading for change. “Mental Anguish” Damages Recoverable for Damage to or Loss of Real Property | Equine Liability Attorney, MI: Foster Swift Plaintiff Beckie Price sued Defendant High Pointe Oil Company, Inc. claiming, among other things, for damages for the mental anguish, emotional distress, and other psychological injuries sustained when High Pointe negligently pumped 400 gallons of oil into the basement of her house. In Price v. High Pointe Oil Company, Inc., the Michigan Supreme Court adhered to the long-standing common law rule that noneconomic damages are not recoverable for negligent destruction of property. While the general rule in tort cases is that a plaintiff may recover for all injuries resulting directly from a wrongful act, including both economic and noneconomic injuries, a different rule applies in cases involving damage to property, for which a plaintiff may recover only the cost of Price, 56, received about $260,000 from her insurer and High Pointe's insurer for "economic" damages such as property loss, soil remediation, construction of a new house, rent payments and
Price v High-Pointe Oil Company – State Bar of Michigan Negligence Section's Supreme Court Summer Seminar, 2013. Health Care Law Basics and the
The interesting new Michigan case of Price v. High Pointe Oil Company, could make you wonder whether the law is heading for change. “Mental Anguish” Damages Recoverable for Damage to or Loss of Real Property | Equine Liability Attorney, MI: Foster Swift Plaintiff Beckie Price sued Defendant High Pointe Oil Company, Inc. claiming, among other things, for damages for the mental anguish, emotional distress, and other psychological injuries sustained when High Pointe negligently pumped 400 gallons of oil into the basement of her house. In Price v. High Pointe Oil Company, Inc., the Michigan Supreme Court adhered to the long-standing common law rule that noneconomic damages are not recoverable for negligent destruction of property. While the general rule in tort cases is that a plaintiff may recover for all injuries resulting directly from a wrongful act, including both economic and noneconomic injuries, a different rule applies in cases involving damage to property, for which a plaintiff may recover only the cost of Price, 56, received about $260,000 from her insurer and High Pointe's insurer for "economic" damages such as property loss, soil remediation, construction of a new house, rent payments and In this negligence action, defendant, High Pointe Oil Company, Inc., appeals as of right following a jury trial in which plaintiff, Beckie Price, was awarded $100,000 in noneconomic damages after defendant filled the basement of her home with nearly 400 gallons of fuel oil.
