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Hospital has no claim against insurer in Tennessee judgment

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A Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment of a Tennessee court that awarded damages to the motorist.

John G. Smith was injured in a Knoxville, Tenn., car crash in 2007, and a couple of months later he underwent surgery at Parkview Hospital in Fort Wayne. Smith sued the driver of the other vehicle in the wreck and was awarded a judgment of $22,000 through Geico, the other driver’s insurer.

Parkview filed a hospital lien in Allen County, but the Indiana Court of Appeals on Monday agreed with a ruling of Allen Superior Judge Nancy Eshcoff Boyer that the hospital’s claim against Geico should be dismissed for lack of subject matter jurisdiction.

In Parkview Hospital, Inc. v. Geico General Insurance Company  02A04-1201-PL-5, the court noted that I.C. 32-33-4-1 sets clearly the requirement for claiming a hospital lien: “In order to claim the lien, the hospital must at the time or after the judgment is rendered, enter, in writing, upon the judgment docket where the judgment is recorded, the hospital’s intention to hold a lien upon the judgment, together with the amount claimed.”

“An Indiana court may decide that Smith’s personal liability for medical services is not extinguished, and there is an amount due and owing, but may not reinstate obligations of (the other driver) or his insurer extinguished by compliance with the Tennessee judgment,” the court ruled.



 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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