Legal Opinion

Department of Public Welfare v. Couch

Indiana Court of Appeals

Decided February 10, 1992No. 27A02-9103-CV-101PublishedCited by 3 opinions

1Opinion of the Court

RUCKER, Judge.

The Department of Public Welfare (DPW) appeals the trial court's decision in favor of Jerry Wayne Couch (Couch). On a complaint for declaratory judgment the trial court determined DPW’s medical lien against proceeds Couch received from a settlement of a personal injury claim was subject to the Comparative Fault Act. The sole issue presented for our review is whether the trial court erred in reducing DPW’s claim.

We reverse.

The facts of this case are not in dispute. Couch was seriously injured after being struck by an automobile driven by Gadber-ry. A breathalyzer test indicated…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. W & W Equipment Co., Inc. v. MinkIndiana Court of Appeals · 1991
  2. Willett v. ClarkIndiana Court of Appeals · 1989
  3. Kaminszky v. KukuchIndiana Court of Appeals · 1990
  4. Indiana Department of Public Welfare v. Guardianship of McIntyreIndiana Court of Appeals · 1984
  5. Norris v. United States Fidelity & Guaranty Co.Indiana Court of Appeals · 1982

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Rogers v. GrundenIndiana Court of Appeals · 1992
  2. Department of Public Welfare, State v. CouchIndiana Supreme Court · 1992
  3. Walter v. BaloghIndiana Court of Appeals · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API