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PERKINS v. UTNEHMER

No. 83-1642.

122 Wis.2d 497 (1984)

361 N.W.2d 739

Thomas PERKINS, Plaintiff-Appellant, Mary BAIER, Plaintiff, WOOD COUNTY, Plaintiff-Respondent, v. Arthur UTNEHMER, Jr., and State Farm Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

December 27, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Brazeau, Potter, Wefel & Nettesheim of Wisconsin Rapids.

For the respondent the cause was submitted on the brief of Weldon Nelson, Wood County corporation counsel, of Wisconsin Rapids.

Before Cane, P.J., Dean and Brown, JJ.

CANE, P.J.

Thomas Perkins, a minor, appeals the part of a judgment that apportioned an award of damages between himself and Wood County, a subrogated medical assistance provider. Section 49.65(1), Stats., subrogates a medical assistance provider to the rights of a recipient against a third party who causes injury to the recipient. Perkins maintains that his mother received the medical assistance rather than himself because she was legally obligated to pay his medical...

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