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PETERS v. WEATHERWAX

No. 11275.

731 P.2d 157 (1987)

Charles PETERS, III, Charles Peters, Jr., and Emily Peters, Plaintiffs-Appellees, and State of Hawaii, Plaintiff-Intervenor-Appellant, v. Wallace WEATHERWAX, Individually, and as Guardian Ad Litem for Ruth Weatherwax, Minor, and Sandra Weatherwax, Defendants-Appellees.

Supreme Court of Hawaii.

January 19, 1987.

Attorney(s) appearing for the Case

Steven K. Chang, Deputy Atty. Gen., Honolulu, for plaintiff-intervenor-appellant.

Richard Waid (David L. Turk and Susan L. Gochros on brief; Turk & Agena, of counsel), Honolulu, for defendants-appellees.

Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and BURNS, Intermediate Court of Appeals Chief Judge, in place of WAKATSUKI, J., disqualified.

NAKAMURA, Justice.

Whenever the Department of Social Services and Housing (DSSH or the department) of the State of Hawaii furnishes "medical assistance" to one who has been injured under circumstances creating tort liability in another, the department is "subrogated," to the extent it has provided assistance, to any right or claim for special damages the injured person may have. The question in this appeal is whether a putative tortfeasor may evade the statutory lien...

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