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HILL v. STATE, DEPT. OF HUMAN SERVICES

No. 91-1297.

493 N.W.2d 803 (1992)

Johnie L. HILL, Kimberly K. Hill, and Johnie L. Hill, Jr., and Jessica L. Hill, by Their Mother and Next Friend, Kimberly K. Hill, Appellees, v. STATE of Iowa, DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Iowa.

December 23, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Sp. Asst. Atty. Gen., and Stephen C. Robinson, Asst. Atty. Gen., for appellant.

Timm W. Reid and Michael J. Galligan of Michael J. Galligan Law Firm, P.C., Des Moines, for appellees.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, LAVORATO, and ANDREASEN, JJ.

LAVORATO, Justice.

Johnie L. Hill—a minor—was injured in a motorcycle accident. He eventually received $1330.73 in medical assistance benefits from the Iowa department of human services for care and treatment of his injuries. He and his family eventually settled their claims against the tortfeasor for $20,000.

The present declaratory judgment action is about the department's right to recoup its subrogation claim for the $1330.73 from the settlement...

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