Bergan Mercy Health System v. Haven

I.NATURE OF CASE

The two questions presented in this appeal are (1) whether the Nebraska medical lien statute, Neb. Rev. Stat. § 52-401 (Reissue 1998), constitutes unconstitutional special legislation under Neb. Const, art. Ill, § 18, and (2) whether Neb. Rev. Stat. § 25-1563.02 (Reissue 1995) exempts the proceeds of a personal injury settlement from a lien filed under § 52-401.

II.FACTUAL BACKGROUND

The underlying facts of this case are not in dispute. Appellee Dondi S. Haven was injured in an automobile accident and was treated by appellant Bergan Mercy Health System (Bergan) from November 1…