Burtka v. Allied Integrated Diagnostic Services, Inc

I respectfully dissent from the majority opinion in this matter. I do not agree that the jury verdict was so grossly inadequate and so contrary to the great weight of the evidence as to shock the conscience.

Although plaintiffs Exhibit 19, which calculated *782plaintiffs damages, was received into evidence by stipulation of defense counsel, the record does not support a conclusion that defendant stipulated to the accuracy or veracity of the exhibit or to the amount of plaintiffs damages. See Farm Bureau Mutual Ins Co v Wood, 165 Mich App 9, 18; 418 NW2d 408 (1987).

On cross-examination, plaintiff…