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COOPER v. JENKINS

Docket No. 283506.

766 N.W.2d 671 (2009)

282 Mich. App. 486

COOPER v. JENKINS.

Court of Appeals of Michigan.

Decided February 24, 2009, at 9:00 a.m.

Attorney(s) appearing for the Case

The Thurswell Law Firm, PLLC (by Cary M. Makrouer and Christina D. Davis), Southfield, for Phillip D. Cooper.

Anselmi & Mierzejewski, P.C. (by Joseph S. Mierzejewski), Bloomfield Hills, for Farm Bureau Insurance Company.

Law Offices of Ronald M. Sangster, PLLC (by Ronald M. Sangster, Jr.), Troy, for Titan Insurance Company, amicus curiae.

Before: DONOFRIO, P.J., and K.F. KELLY and BECKERING, JJ.

PER CURIAM.

Defendant Farm Bureau Insurance Company appeals as of right from the trial court's order denying its motion to strike damages for attendant care. Because Farm Bureau's obligation to pay is a mandated fixed benefit to plaintiff alone, Farm Bureau may not bypass the legal process to enforce its right to reimbursement. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

Plaintiff, Phillip Dean Cooper, was driving...

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