Pollo Operations, Inc. v. Tripp

This is an appeal from a final order directing an insured tortfeasor to write a *1102settlement check directly to the Plaintiff without receiving a release of Medicare’s lien. We find that the decision of the lower court misinterpreted the previously negotiated Settlement Agreement between the Plaintiff, Defendant and the Defendant’s insurer, and therefore are compelled to reverse the judgment of the court below.

We are presented here with a garden variety slip and fall which settled during mediation for the sum of fifty-five thousand dollars ($55,000.00). There were thirty-seven thousand dollars…