Department of Public Welfare, State v. Couch

DICKSON, Justice.

Faced with substantial injuries and damages sustained in a traffic accident with possible adverse liability, Jerry Wayne Couch, the plaintiff-appellee, settled with the opposing liability insurance company for $80,000 and then filed a declaratory judgment action to determine the extent to which the settlement recovery must be used to satisfy a lien of the defendant-appellant Department of Public Welfare (“DPW”) 1 for payment of a portion of the plaintiff’s medical expenses. The trial court determined that DPW was entitled to reimbursement in proportion to the plaintiff’s…