Commonwealth v. Lee

This appeal presents the question whether Code § 8.01-66.9, which gives the Commonwealth a lien for medical services rendered to a person injured by a tort-feasor, applies to an infant settlement.

In 1986, David Arthur Lee, an infant, was seriously and permanently injured as a result of an automobile accident in Pinellas County, Florida, in which he was struck by a vehicle driven by Kathleen Gest. The infant and his parents brought separate ac tions against Kathleen Gest in a Florida court, but the pleadings in those cases are not in the record. No action at law was ever filed in a Virginia…