Opinion
Docket No. 301858 LC No. 03-301611-CK
11-01-2012
ESTATE OF JELINDA BURNETTE-LlPTOW v. STATE FARM MUTUAL AUTO INSURANCE COMPANY
ORDER
Pat M. Donofrio
Presiding Judge
Kathleen Jansen
Douglas B. Shapiro
Judges
The Court orders that the motion for reconsideration is GRANTED, and this Court's opinion issued October 4,2012 is hereby VACATED. A new opinion is attached to this order.
A true copy entered and certified by Larry S. Royster, Chief Clerk, on
____
Chief Clerk
REBECCA JANE LIPTOW, as Personal Representative of the Estate of JELINDA
JOANNE BURNETTE-LIPTOW, Plaintiff-Appellee,
and
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, Intervening Plaintiff-Appellee,
v
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.
UNPUBLISHED
No. 301858
Wayne Circuit Court
LC No. 03-301611-CK
Before: DONOFRIO, P.J., and JANSEN and SHAPIRO, JJ. MEMORANDUM.
Defendant, State Farm Mutual Automobile Insurance Company, appeals by right the trial court's opinion and order granting relief from the amended judgment and enforcing the stipulated order in favor of plaintiff, Rebecca Jane Liptow, as personal representative of the estate of Jelinda Joanne Burnette-Liptow, and intervening plaintiff, Michigan Department of Community Health, in this no-fault automobile lawsuit.
On October 25, 2004, prior to trial, the parties entered a stipulated order, which specified, in relevant part, that (a) if "the appellate process determines that Cameron v ACIA does apply and limits [p]laintiff's claims to those incurred on or after January 24, 2002, [d]efendant shall be liable to[p]laintiff for damages in the amount of [$76,000.00] . . . ." and (b) if "the appellate process determines that Cameron v ACIA does apply and limits [p]laintiff's claims to those incurred on/or after January 24, 2002, and further determines that [intervening plaintiff] is not entitled to any benefits from the savings clause set forth in [MCL 600.5821(4) then [d]efendant shall be liable to [intervening plaintiff] for the sum of $9,800.00."
476 Mich 55, 718 NW2d 784 (2005).
During the course of the litigation, Cameron was overruled by Regents of the University of Michigan v Titan Insurance Company However, on May 15, 2012, while this case was pending before this Court, the Supreme Court overruled Regents and reinstated Cameron in Joseph v ACIA Accordingly, we vacate the December 16, 2010 opinion of the trial court and remand for an entry of an order denying Plaintiff's August 20, 2010 Motion to Enforce Stipulated Order, or, Alternatively, for Relief from Judgment.
487 Mich 289; 791 NW2d 897 (2010).
491 Mich 200; 815 NW2d 412 (2012).
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Reversed for an entry of judgment consistent with this opinion.
Pat M. Donofrio
Kathleen Jansen
Douglas B. Shapiro