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BALES v. WARREN COUNTY

No. 90-4067.

478 N.W.2d 398 (1991)

Patrick Scott BALES and Rhonda Bales, Individually and as Next Friend of Dina Marie Bales, a Minor, Plaintiffs, v. WARREN COUNTY, Iowa; Bob Sandy; Ruth Hardin; Bill Anders; and Don Berry, Appellees, v. STATE of Iowa, ex rel. DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Iowa.

As Amended on Denial of Rehearing December 3, 1991.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and Stephen C. Robinson, Asst. Atty. Gen., for appellant.

Carlton G. Salmons of Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, LAVORATO, and NEUMAN, JJ.

LAVORATO, Justice.

Patrick Scott Bales was injured in a motorcycle accident. Thereafter, the Iowa department of human services provided medical assistance benefits for Patrick's care and treatment because of his injuries. A later tort action brought by Patrick, his wife, and on behalf of his child, was settled except for the department's subrogation claim for the medical assistance benefits. See Iowa Code §§ 249A.3, 249A.6(1) (1987).

The present...

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