Legal Opinion
Carpenters Health & Welfare Trust for Southern California v. Vonderharr
Court of Appeals for the Ninth Circuit
Decided September 15, 2004No. Nos. 02-57183, 03-55296, 03-55312PublishedCited by 2 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
Carpenters Health and Welfare Trust for Southern California (the “Trust”) appeals the dismissal of its action seeking reimbursement of medical benefit payments from a personal injury recovery obtained by plan participant Timothy Von-derharr and his family. We affirm in part, vacate in part, and remand.
I
This action arises out of an automobile accident in December, 1998, in which four members of the Vonderharr family were injured. Lauren Vonderharr, age 11, suffered a permanent brain injury in the crash and incurred most of the family’s medical bills. The Trust is an…
2Cases cited16 opinions
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
- Harris Trust & Savings Bank v. Salomon Smith Barney Inc.Supreme Court of the United States · 2000
- Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1984
- Watkins v. Westinghouse Hanford Co.Court of Appeals for the Ninth Circuit · 1993
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3Cited by2 opinions
- AFL Hotel & Restaurant Workers Health & Welfare Trust Fund v. BosqueHawaii Supreme Court · 2006
- Carpenters Health and Welfare Trust for Southern California v. Timothy Vonderharr Karen Vonderharr, Minor by Her Guardian Ad Litem, Timothy Vonderharr Lauren Vonderharr, Minor by Her Guardian Ad Litem Timothy Vonderharr Sara Vonderharr, Minor by Her Guardian Ad Litem, Timothy Vonderharr Charles R. Weldon Law Offices Does, Ito X, Inclusive McClellan & Associates, a Professional Corporation, Carpenters Health and Welfare Trust for Southern California v. Timothy Vonderharr Karen Vonderharr, Minor by Her Guardian Ad Litem, Timothy Vonderharr Lauren Vonderharr, Minor by Her Guardian Ad Litem Timothy Vonderharr Sara Vonderharr, Minor by Her Guardian Ad Litem, Timothy Vonderharr McClellan & Associates, a Professional Corporation, Carpenters Health and Welfare Trust for Southern California v. Timothy Vonderharr, and Charles R. Weldon Law OfficesCourt of Appeals for the Ninth Circuit · 2004