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KITTLE v. ICARD

No. 19718.

405 S.E.2d 456 (1991)

Annette M. KITTLE and Wheeling Dollar Savings & Trust Co., Guardians of Jeffrey Wayne Van Dyne a.k.a. Jeffrey W. Kittle, an Infant Under the Age of Eighteen Years, Petitioners Below, Appellees, v. Reva June ICARD and Taunja Willis Miller, Commissioner of the West Virginia Department of Human Services, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 23, 1991.

Attorney(s) appearing for the Case

John Shank, Deputy Atty. Gen., Charleston, for appellant.

Robert P. Fitzsimmons, William E. Parsons, II, Fitzsimmons & Parsons, Wheeling, and David R. Gold, Gold, Khourey & Turak, Moundsville, for appellees.

Brotherton, Justice:

The primary issue in this case is whether the West Virginia Department of Human Services (DHS) is entitled to be fully reimbursed for the medical expenses it paid on behalf of the appellees from the amount the appellees eventually received as a settlement from the legally liable party.

The appellees are the guardians of Jeffrey Wayne Van Dyne, a.k.a. Jeffrey W. Kittle, who, at the age of twenty-three months, was seriously injured when...

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