Download this document in WordPerfect format. Presently before the court is plaintiffs' motion for summary judgment. The facts are not in dispute.
Action is the plan administrator and sponsor.
David Nolan Litton was employed by Action from 1987-1989, and was a participant in the Plan. Litton sued Honda, the alleged manufacturer of the vehicle, in state court. The issue at hand involves whether Litton must reimburse the Plan for the health benefits it paid on his behalf. There is no question about this court's subject matter jurisdiction over this cause. The Committee may in its sole and absolute discretion pursue, on behalf the plan, the plan's right of subrogation.