EST OF JELINDA BURNETTE-LIPTOW V STATE FARM MUTUAL AUTO INS CO (Memorandum)
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Court of Appeals, State of Michigan ORDER Pat M. Donofrio ESTATE OF JELINDA BURNETTE-LlPTOW V STATE FARM MUTUAL AUTO INSURANCE COMPANY Docket No. 301858 LC No. 03-301611-CK Presirung 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 tTue copy entered and certified by Larry S. Royster, Chief Clerk, on NOV 01 2012 Date STATE OF MICHIGAN COURT OF APPEALS REBECCA JANE LIPTOW, as Personal Representative of the Estate of JELINDA JOANNE BURNETTE-LIPTOW, UNPUBLISHED November 1, 2012 Plaintiff-Appellee, and MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, Intervening Plaintiff-Appellee, v No. 301858 Wayne Circuit Court LC No.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, in relevant part, that (a) if the appellate process determines that Cameron v ACIA1 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 1 476 Mich 55, 718 NW2d 784 (2005). -1- 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. 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 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. 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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