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VESELENAK v. SMITH

Docket No. 65534, (Calendar No. 11).

414 Mich. 567 (1982)

327 N.W.2d 261

VESELENAK v. SMITH

Supreme Court of Michigan.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Conlin, Conlin & McKenney (by John W. Conlin and Allen J. Philbrick) for the plaintiffs.

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen, P.C. (by John P. Jacobs), for defendant Smith.

Amici Curiae:

Baxter & Hammond (by Michael D. Wade) for Michigan Defense Trial Counsel, Inc.

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Steven G. Silverman) for the Michigan Trial Lawyers Association.

FITZGERALD, C.J.

This is an unusual medical malpractice action. It owes its uniqueness to a jury award of $350,000 for exemplary damages. Thus, the issue before us is whether the availability of ordinary damages for mental distress makes exemplary damages for injury to feelings redundant.

I

In 1972, Anna Veselenak was referred to defendant Dr. Sidney Smith, a general surgeon, for gastrointestinal bleeding...

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