EST OF JELINDA BURNETTE-LIPTOW V STATE FARM MUTUAL AUTO INS CO (Memorandum)

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STATE OF MICHIGAN COURT OF APPEALS REBECCA JANE LIPTOW, as Personal Representative of the Estate of JELINDA JOANNE BURNETTE-LIPTOW, UNPUBLISHED October 4, 2012 Plaintiff-Appellee, and MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, Intervening Plaintiff-Appellee, v No. 301858 Wayne Circuit Court LC No. 03-301611-CK STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant. 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, inter alia, that (a) if the ultimate appellate process determines that Cameron v ACIA[1] does not apply or limit Plaintiff s claims, then defendant is liable to plaintiff for $735,000 and to intervening plaintiff for $800,000; (b) if the appellate process determines that Cameron v ACIA does apply and limits Plaintiff s claims to those incurred on/or after January 24, 2002, and if 1 476 Mich 55, 718 NW2d 784 (2005). -1- the Appellate process determines that Intervening-Plaintiff, is only entitled to costs incurred at state health care facilities, defendant is liable to plaintiff for $76,000 and to intervening plaintiff for $300,000; and (c) if the appellate process determines that Cameron v ACIA does apply and limits Plaintiff s claims to those incurred on/or after January 24, 2002, and further determines that the Intervening-Plaintiff . . . is not entitled to any benefits from the saving clause, then defendant is liable to plaintiff for $9,800 and is liable to intervening plaintiff for nothing. During the course of the litigation, Cameron was overruled by Regents of the University of Michigan v Titan Insurance Company.2 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.3 Accordingly, we determine that, when the terms of the stipulated order are read along with the Supreme Court s rationale from Joseph, defendant is liable to plaintiff for $9,800 and is liable to intervening plaintiff for nothing. Reversed for an entry of judgment consistent with this opinion. /s/ Pat M. Donofrio /s/ Kathleen Jansen /s/ Douglas B. Shapiro 2 487 Mich 289; 791 NW2d 897 (2010). 3 491 Mich 200; 815 NW2d 412 (2012). -2-

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