Opinion
Docket No. 147192. COA No. 300307.
2013-10-4
Johna BENEFIELD, Plaintiff–Appellee, v. The CINCINNATI INSURANCE COMPANY, The Village at Stonegate Pointe Condominium Association, and North Management, Inc., Defendants–Appellees. Johna Benefield, Plaintiff–Appellee, v. Byron Craft, Defendant–Appellant, and Richard R. Kolar, Defendant–Appellee.
Prior report: Mich.App., 2013 WL 1149552.
Order
On order of the Court, the application for leave to appeal the March 19, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE that portion of the Court of Appeals judgment that reversed the trial court's exclusion of emotional distress damages for the plaintiff's breach of contract and negligence claims. Emotional distress damages are generally not recoverable for breach of a commercial contract, and the plaintiff did not establish that such damages were within the contemplation of the parties at the time the contract was made. Kewin v. Massachusetts Mutual Ins. Co., 409 Mich. 401, 419, 295 N.W.2d 50 (1980). Emotional distress damages are also generally not recoverable for the negligent destruction of property. Price v. High Pointe Oil Co., Inc., 493 Mich. 238, 264, 828 N.W.2d 660 (2013). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.