King v. Oregon Department of Human Services

In this declaratory judgment action, defendant appeals from a summary judgment for plaintiff Tanya D. King. Because we conclude that the trial court erred as a matter of law, ORCP 47 C, we reverse and remand.

The facts are undisputed. On March 10,1993, plaintiff and her two minor children were seriously injured in a motor vehicle accident. Before and after the accident, plaintiff received public assistance and medical benefits from defendant, the Oregon Department of Human Services, Adult and Family Services Division (AFSD). Plaintiff settled her accident claim for $75,000. AFSD then asserted…