Opinion
Docket No. 17047.
Decided May 2, 1974.
Appeal from Eaton, Willard L. Mikesell, J. Submitted Division 3 April 4, 1974, at Lansing. (Docket No. 17047.) Decided May 2, 1974.
Complaint by Michael Mihailoff, by his next friend, Doris Mihailoff, and by Doris Mihailoff against Meijer, Inc., for damages resulting from injuries sustained in defendant's store. Judgments for plaintiffs. Defendant appeals. Affirmed, except plaintiffs' taxed costs reduced.
Newman MacKay, for plaintiffs.
Cholette, Perkins Buchanan (by Edward D. Wells), for defendant.
Before: DANHOF, P.J., and QUINN and V.J. BRENNAN, JJ.
Plaintiffs' action for damages arising from personal injuries sustained in defendant's store resulted in jury verdicts of $4,000 in favor of the minor plaintiff and $5,000 in favor of Doris Mihailoff individually. Judgments entered on the verdicts. Defendant's motion for new trial, or in the alternative for a remittitur, was denied and defendant appeals the $5,000 judgment in favor of Doris Mihailoff.
The record reveals no reversible error but two of the alleged errors asserted on appeal require some exposition to clarify existing law relied on by defendant.
On the strength of Jones v Bloom, 388 Mich. 98; 200 N.W.2d 196 (1972), defendant contends that error occurred when the trial judge refused to permit one of plaintiffs' medical witnesses on cross-examination to refer to a textbook in corroboration of his testimony. This contention is not supported by Jones, supra, which held that medical textbooks may be used to cross-examine expert witnesses under certain conditions.
Plaintiffs taxed as costs for the depositions of Drs. Velten and Larkey the amount they actually expended for these depositions, $108.50. Defendant says this was error because under MCLA 600.2549; MSA 27A.2549, the maximum amount would be $31.80. Defendant's position is correct. Under GCR 1963, 526.1, MCLA 600.2549 controls the amount of taxable costs for depositions.
Affirmed, except plaintiffs' taxed costs are reduced by $76.70.