Legal Opinion · Dissent

Commonwealth v. B.D.G.

Superior Court of Pennsylvania

Decided October 7, 2008Published

1Dissent

DISSENTING OPINION BY

ALLEN, J.:

¶ 1 I respectfully dissent. In this case, the Department of Public Welfare (“DPW”) originally paid the victim’s medical expenses in the amount of $26,635. The victim then settled her civil claim against B.D.G., executing a settlement agreement and general release of her cause of action. Following settlement of the victim’s civil claim against B.D.G., DPW was fully reimbursed, subrogating its expenditure from the victim’s settlement amount pursuant to a statutory lien.3 In a later juvenile proceeding, the trial court adjudicated B.D.G. delinquent and ordered him…

2Cases cited21 opinions

  1. In the Interest of M.W.Supreme Court of Pennsylvania · 1999
  2. Commonwealth v. PappasSuperior Court of Pennsylvania · 2004
  3. Commonwealth v. MayhueSupreme Court of Pennsylvania · 1994
  4. Commonwealth v. RandalSuperior Court of Pennsylvania · 2003
  5. Commonwealth v. BalisteriSupreme Court of Pennsylvania · 1984

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