S.S. v. State

HOWE, Chief Justice:

The State of Utah appeals from the trial court’s order that insurance payments for the injury which permanently disabled the minor plaintiff may be used to fund a “special needs trust” to be established to augment his long-term care without first reimbursing the State for Medicaid payment of plaintiffs nursing home care.

FACTS

Sixteen-year-old S.S. suffered massive brain damage and was permanently disabled when a drunk driver crossed into oncoming traffic and struck the motorcycle upon which he and his eighteen-year-old brother were riding. S.S.’s parents are divorced; he…