Broadway Clinic v. Liberty Mutual Insurance Co.

EDMONDSON, J.,

Dissenting and joined by WATT, C.J. and COLBERT, J.

¶ 1 I disagree with the majority’s conclusion that our statutory physician’s lien is enforceable against UM coverage and would dissent solely for that reason, but this case has more basic and fundamental flaws which also must be addressed: the small claims court did not have subject matter jurisdiction to hear and determine this action to enforce a lien, and the purported lien was not perfected according to statute.

¶ 2 The question of subject matter jurisdiction is primary and fundamental in every case and it is the duty of this…