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CRAIG v. OAKWOOD HOSP.

Docket Nos. 206642, 206859, 206951.

643 N.W.2d 580 (2002)

249 Mich. App. 534

Antonio CRAIG, Minor, by his Next Friend, Kimberly Craig, Plaintiff-Appellee, v. OAKWOOD HOSPITAL and Henry Ford Hospital, d/b/a Henry Ford Health System, Defendants-Appellees, and Associated Physicians, P.C. and Elias G. Gennaoui, Defendants-Appellants, and Ajit Kittur, M.D., Defendant. Antonio Craig, by his Next Friend, Kimberly Craig, Plaintiff-Appellee, v. Oakwood Hospital, Associated Physicians, P.C., and Elias G. Gennaoui, M.D., Defendants-Appellees, and Henry Ford Hospital, d/b/a Henry Ford Health System, Defendant-Appellant, and Ajit Kittur, M.D., Defendant. Antonio Craig, Minor by his Next Friend, Kimberly Craig, Plaintiff-Appellee, v. Oakwood Hospital, Defendant-Appellant/Cross-Appellee, and Henry Ford Hospital, d/b/a Henry Ford Health System, Defendant-Appellee/Cross-Appellee, and Associated Physicians, P.C., and Elias G. Gennaoui, M.D., Defendants-Appellees/Cross-Appellants, and Ajit KITTUR, M.D., Defendant.

Court of Appeals of Michigan.

Decided February 1, 2002, at 9:15 a.m.

Released for Publication May 1, 2002.

Attorney(s) appearing for the Case

Mark L. Silverman, Birmingham, for Antonio Craig.

Saurbier, Paradiso & Davis, P.C. (by Scott A. Saurbier), St. Clair Shores (Gross, Nemeth & Silverman, P.L.C. by James G. Gross, of Counsel), Detroit, for Oakwood Hospital.

Kitch Drutchas Wagner DeNardis & Valitutti (by Susan Healy Zitterman), Detroit and Kallas & Henk, P.C. (by Leonard A. Henk), Bloomfield Hills, for Henry Ford Hospital.

O'Leary, O'Leary, Jacobs, Mattson, Perry & Mason, P.C. (by John P. Jacobs), Southfield, for Associated Physicians, P.C., and Elias G. Gennaoui.

Before: COOPER, P.J., and SAWYER and OWENS, JJ.

OWENS, J.

We agree with Judge Cooper's opinion in all respects except for portions of section VII. Specifically, we disagree with the rejection of defendant Oakwood Hospital's challenge to the trial court's denial of its motion for remittitur based on the jury's damages award for plaintiff's lost earning capacity. We affirm in part and reverse in part.

Generally, a trial court may grant a defendant's motion for remittitur if the jury verdict is "excessive...

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