County of Santa Clara v. Escobar

Opinion

RUSHING, P. J.

Government Code section 23004.1 provides a means for counties to obtain recompense for medical treatment rendered at county expense to persons injured through the torts of others. The statute grants counties a direct right of action against the tortfeasor, as well as a lien on any judgment secured by the injured person against the tortfeasor. The question presented by this, the first of three related appeals, is what happens to the county’s direct right of action against the tortfeasor when the injured person obtains a judgment against the tortfeasor, the county duly…