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RICHARDS v. ETZEN

No. 54,077

231 Kan. 704 (1982)

647 P.2d 1331

VIVIAN RICHARDS, Plaintiff-Appellee, v. LARRY ETZEN, Defendant, v. PROVIDENCE-ST. MARGARET HEALTH CENTER, Intervenor-Appellant, v. KEMPER INSURANCE CO., Intervenor-Appellee.

Supreme Court of Kansas.

Opinion filed July 16, 1982.

Attorney(s) appearing for the Case

Robert A. DeCoursey, of Kansas City, argued the cause and was on the brief for intervenor-appellant Providence-St. Margaret Health Center.

Jon S. Willard, of Olathe, argued the cause and was on the brief for intervenor-appellee Kemper Insurance Company.

Wayne T. Stratton and Marla J. Luckert, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, were on the brief for amicus curiae Kansas Hospital Association.

The opinion of the court was delivered by

MILLER, J.:

Which is prior, the lien of a hospital which cares for an accident victim, or the lien of an insurance carrier which pays personal injury protection (PIP) benefits to its injured insured? That is the issue confronting us in this case.

The plaintiff, Vivian Richards, was injured in an automobile accident. Providence-St. Margaret Health Center, the intervenor and appellant, treated her for her injuries...

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