Bashara v. Baptist Memorial Hospital System

ROBERTSON, Justice.

This case involves a quantum meruit claim for attorneys’ fees from the sum recovered and allocated to payment of a hospital lien. Tex.Prop.Code Ann. ch. 55 (Vernon 1983).

Kelley F. Axtell was involved in an automobile accident with Jody Maxwell Toombs. Axtell retained petitioner, Sam C. Bashara, an attorney, whose efforts resulted in a settlement agreement with Toomb’s insurance carrier, Texas Farmers Insurance Company, for the policy limit of $50,-000.

While suit was pending, and before the settlement was reached, respondent, Baptist Memorial Hospital System, filed a…