Legal Opinion

Family & Social Services Administration v. Schluttenhofer

Indiana Supreme Court

Decided May 23, 2002No. 91S02-0111-CV-594PublishedCited by 1 opinion

1Opinion of the Court

ON PETITION TO TRANSFER

BOEHM, Justice.

This case addresses the meaning of the word "claim," as it is used in Indiana's lien reduction statute. We hold that each claim to which a lien holder asserts subro-gation rights must be evaluated independently of others that might arise from an injury. That was not done here. Therefore, we grant transfer and remand with instructions to reduce FSSA's lien to $15,824.52.

Factual and Procedural Background

On September 11, 1997, Wayne Scehlut-tenhofer stopped his employer's pickup truck to assist Terry Snodgrass, whose truck had been disabled after striking a…

2Cases cited2 opinions

  1. Department of Public Welfare, State v. CouchIndiana Supreme Court · 1992
  2. Family & Social Services Administration v. SchluttenhoferIndiana Court of Appeals · 2001

3Cited by1 opinion

  1. Principal Life Insurance Co. v. NeedlerIndiana Court of Appeals · 2004

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