DEPARTMENT OF PUBLIC WELFARE v. COUCH

No. 27S02-9212-CV-1042.

605 N.E.2d 165 (1992)

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

Supreme Court of Indiana.

December 31, 1992.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Gordon E. White, Jr., Deputy Atty. Gen., Indianapolis, for appellant.

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

Ind. Trial Lawyers Assoc. by Jeffrey A. Cooke, Cooke Laszynski & Moore, Lafayette, for amicus curiae.


DICKSON, Justice.

Faced with substantial injuries and damages sustained in a traffic accident with possible adverse liability, Jerry Wayne Couch, the plaintiff-appellee, settled with the opposing liability insurance company for $80,000 and then filed a declaratory judgment action to determine the extent to which the settlement recovery must be used to satisfy a lien of the defendant-appellant Department of Public Welfare ("DPW")1 for payment...

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