Legal Opinion
Peters v. Weatherwax
Hawaii Supreme Court
Decided January 19, 1987No. 11275PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT BY
NAKAMURA, J.
Whenever the Department of Social Services and Housing (DSSH or the department) of the State of Hawaii furnishes “medical assistance” to one who has been injured under circumstances creating tort liability in another, the department is “subrogated,” to the extent it has provided assistance, to any right or claim for special damages the injured person may have. The question in this appeal is whether a putative tortfeasor may evade the statutory lien established by Hawaii Revised Statutes (HRS) § 346-37 by agreeing with the injured person that their settlement…
2Cases cited6 opinions
- Putnam v. CommissionerSupreme Court of the United States · 1956
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Gilbert v. United StatesSupreme Court of the United States · 1962
- In re DoleHawaii Supreme Court · 1903
- Stop H-3 Ass'n v. State of Hawaii Department of TransportationHawaii Supreme Court · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State Farm Fire & Casualty Co. v. Pacific Rent-All, Inc.Hawaii Supreme Court · 1999
- Beneficial Hawaii, Inc. v. KidaHawaii Supreme Court · 2001
- Shimabuku v. Montgomery Elevator Co.Hawaii Supreme Court · 1995
- Taylor v. Government Employees Insurance Co.Hawaii Supreme Court · 1999
- Hawaii Ventures, LLC v. Otaka, Inc.Hawaii Supreme Court · 2007
19 more not listed; retrieve them via the Exa API.