Pakenas v. State Farm Mutual Automobile Insurance Company

Filing 132

ORDER granting Oral Motion for Judgment as a Matter of Law. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ELIZABETH ANN PAKENAS, guardian of PATTI ROGERS, a legally incapacitated individual, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. ____________________________________/ ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW 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. Case No. 05-60152 Hon. John Corbett O'Meara Hon. Virginia Morgan

s/John Corbett O'Meara UNITED STATES DISTRICT JUDGE Date: March 17, 2009

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. s/William Barkholz Case Manager