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DEPARTMENT OF PUBLIC WELFARE v. COUCH

No. 27A02-9103-CV-101.

585 N.E.2d 1337 (1992)

DEPARTMENT OF PUBLIC WELFARE, State of Indiana, Appellant-Defendant, v. Jerry Wayne COUCH, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

February 10, 1992.

Attorney(s) appearing for the Case

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

Edgar W. Bayliff, Bayliff, Harrigan, Cord & Maugans, P.C., Kokomo, for appellee-plaintiff.

RUCKER, Judge.

The Department of Public Welfare (DPW) appeals the trial court's decision in favor of Jerry Wayne Couch (Couch). On a complaint for declaratory judgment the trial court determined DPW's medical lien against proceeds Couch received from a settlement of a personal injury claim was subject to the Comparative Fault Act. The sole issue presented for our review is whether the trial court erred in reducing DPW's claim.

We reverse.

The facts...

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