Sizemore v. Heavy Transport, Inc.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The record supports Supreme Court’s finding that no portion of the structured settlement of the personal injury cause of action represents a compromise of any claim of charges for medical expenses rendered to Ronald Sizemore. Thus, the court properly concluded that no lien may be placed upon the settlement proceeds of Ronald’s personal injury action for any assistance or care rendered to him prior to his 21st birthday (see, Matter of Thurston v Durose, 76 NY2d 683; Baker v…