Mena v. Muhleisen Properties

1WICKER, Judge.

This is an appeal in an incidental proceeding that arose out of a personal injury suit. At issue is whether a hospital which seeks to enforce its privilege under La.R.S. 9:4751-4755 to recoup its charges from an injured person’s proceeds of recovery may be forced to contribute to the costs of recovery. Under the facts here, we find that the hospital may not be required to so contribute. Accordingly, we reverse the district court’s judgment and render judgment in favor of the hospital.

Plaintiff José Mena was injured in a 1991 motor vehicle accident in which his motorcycle was…