On September 29, 2009, the Court of Appeals published a 2-1 opinion in Shivers v. St. Mary’s Medical Center of Saginaw, Inc., No. 284635, affirming in part and reversing in part. The Court of Appeals reversed the trial court’s order denying defendants’ motion for judgment notwithstanding the verdict, and vacated the jury’s economic damage award of $522,000. In this medical malpractice case, the jury awarded plaintiff approximately $1.8 million in economic and non-economic damages. The Court of Appeals agreed with defendants’ argument that there was no evidence presented showing that plaintiff would suffer future economic damages. Although counsel for plaintiff argued damages for professional attendant care services to the jury, the Court of Appeals concluded that this was in the context of non-economicdamages. The Court of Appeals noted that given the facts of this case, while a jury could infer that plaintiff would require attendant care, there was no evidence upon which the jury could calculate its award for future economic damages. Judge Servitto’s opinion dissenting in part and concurring in part can be found here.