Dunlea ex rel. Estate of Sullivan v. Department of Public Welfare/Division of Medical Assistance

This matter was before the Court on September 22, 2000 on cross motions for summary judgment. The defendants, Department of Welfare and Division of Medical Assistance, seek to recover from the estate of John J. Sullivan (“Sullivan”) the cost of medical assistance provided him, whereas the plaintiff seeks a declaration that no amount is owed. For the reasons stated below, plaintiffs motion for summary judgment is ALLOWED and defendant’s cross motion for summary judgment is DENIED.

BACKGROUND

The plaintiff Kristen Dunlea (“Dunlea”) is the administratrix of the estate of her deceased father, John…