Richards v. Etzen

The opinion of the court was delivered by

Miller, J.;

Which is prior, the lien of a hospital which cares for an accident victim, or the lien of an insurance carrier which pays personal injury protection (PIP) benefits to its injured insured? That is the issue confronting us in this case.

The plaintiff, Vivian Richards, was injured in an automobile accident. Providence-St. Margaret Health Center, the intervenor and appellant, treated her for her injuries in August, 1978. On November 8, 1978, Providence-St. Margaret filed a lien for $7,178.85 (later amended upward to $10,258.20), pursuant to…