Pakenas v. State Farm Mutual Automobile Insurance Co.

Full title: ELIZABETH ANN PAKENAS, guardian of PATTI ROGERS, a legally incapacitated…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 17, 2009

Case No. 05-60152 (E.D. Mich. Mar. 17, 2009)

Opinion

Case No. 05-60152.

March 17, 2009

ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW

JOHN O'MEARA, District Judge

Before the court is Defendant's motion for judgment as a matter of law, which Defendant properly raised during trial at the close of Plaintiff's proofs and which the court took under advisement at that time. As set forth on the record on March 13, 2009, the court GRANTS Defendant's motion because no reasonable jury could find that Plaintiff set forth evidence of attendant care expenses incurred as a result of Plaintiff's 1976 automobile accident. Absent such evidence, Defendant does not owe Plaintiff attendant care benefits under the policy. Accordingly, the court will enter judgment in favor of Defendant.

SO ORDERED.

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, March 17, 2009, by electronic and/or ordinary mail.