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02/10/76 NATIONAL PHARMACEUTICAL SERVICES v.

February 10, 1976

NATIONAL PHARMACEUTICAL SERVICES, INC.
v.
HARRISON COMMUNITY HOSPITAL



Appeal from Wayne, George E. Bowles, J.

Leave to appeal denied, 397 Mich .

J. H. Gillis, P. J., and Allen and M. J. Kelly, JJ.

SYLLABUS BY THE COURT

1. Jury -- Inconsistent Verdict -- Different Legal Theories -- Multiple Defendants.

A jury verdict which is logically and legally inconsistent cannot be allowed to stand; however, where plaintiff sues different defendants, who are not joint wrongdoers, under different legal theories, the liability of the defendants need not be found equal.

2. Jury -- Verdicts -- Logical Explanation -- Multiple Defendants.

Jury verdicts which have a logical explanation will not be found inconsistent; where the jury could have logically found that the wrongful conduct of a certain defendant was of a more limited duration than that of another defendant, it is not inconsistent for the jury to determine that the defendant whose wrongdoing was for a greater time should bear the brunt of the damage liability.

3. Jury -- Objection -- Similar Erroneous Instructions -- Appeal.

Counsel's objection as to only one erroneous jury instruction, where two similar, erroneous instructions are given, does not serve as an objection to the other instruction to which there was no objection and the issue on the instruction that was not objected to is not preserved for appeal.

4. Witnesses -- Expert Witnesses -- Qualifications -- Trial Court Discretion -- Abuse of Discretion -- CPA.

The determination of whether an expert witness is qualified rests with the sound discretion of the trial court; and there was no abuse of discretion where a CPA was allowed to testify as to arithmetically computed projections.

5. Damages -- Assessment -- Mathematical Precision -- Lost Profits -- Reasonable Certainty -- Jury Determination -- Record.

In the assessment of damages a mathematical precision is not required in situations of injury where, from the very nature of the circumstances, precision is unattainable; it is required that the amount of profit lost be shown with such reasonable degree of certainty as the situation permits, and where the plaintiff and the defendant each show a different calculation for loss of profits it becomes a jury determination ...


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