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DEPARTMENT OF PUBLIC WELFARE v. TYREE

No. 63A01-8703-CV-54.

512 N.E.2d 1114 (1987)

DEPARTMENT OF PUBLIC WELFARE, State of Indiana, Defendant-Appellant, v. Lula J. TYREE and Transamerica Insurance Company, Plaintiffs-Appellees, Jessica Lynn Fithian; Maxine Brown Aldridge, Guardian of the Person and Estate of Jessica Lynn Fithian; Maxine Brown Aldridge, Administratrix of the Estate of Linda K. Fithian, Deceased; Theodore C. Fithian; Deaconess Hospital; St. Joseph Hospital; Huntingburg Convalescent Center and Gibson General Hospital, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied November 5, 1987.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Gordon E. White, Jr., Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for defendant-appellant.

Russell E. Mahoney, Petersburg, for plaintiff-appellees.

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellant, Indiana Department of Public Welfare (DPW), appeals the Pike Circuit Court's grant of a summary judgment denying a Medicaid lien on settlement proceeds obtained by cross-claimant-appellee, Maxine Brown Aldridge, Administratrix of the Estate of Linda K. Fithian, deceased (the Estate).

We reverse.

STATEMENT OF THE FACTS

On February 9, 1984, Linda K. Fithian and her daughter,...

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