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PRICE v. HIGH POINTE OIL CO., INC.

Docket No. 143831.

828 N.W.2d 660 (2013)

493 Mich. 238

PRICE v. HIGH POINTE OIL COMPANY, INC.

Supreme Court of Michigan.

Decided March 21, 2013.

Attorney(s) appearing for the Case

Sinas, Dramis, Brake, Boughton & McIntyre, P.C., Lansing (by James F. Graves and Stephen H. Sinas), and Speaker Law Firm, PLLC (by Steven A. Hicks), for Beckie Price.

Garan Lucow Miller, P.C., Detroit (by Megan K. Cavanagh), for High Pointe Oil Company, Inc.

Clark Hill PLC, Detroit (by Cynthia M. Filipovich and Kristin B. Bellar), for amicus curiae the Michigan Manufacturers Association. McClelland & Anderson, LLP, Lansing (by Gregory L. McClelland and Melissa A. Hagen), for amicus curiae the Michigan Association of Realtors.

McClelland & Anderson, LLP, Lansing (by Gregory L. McClelland and Melissa A. Hagen), for amicus curiae the Michigan Association of Home Builders.

MARKMAN, J.

The issue in this case is whether noneconomic damages are recoverable for the negligent destruction of real property. No Michigan case has ever allowed a plaintiff to recover noneconomic damages resulting solely from the negligent destruction of property, either real or personal. Rather, the common law of this state has long provided that the appropriate measure of damages in cases involving the negligent destruction of property is simply the cost of replacement...

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