MENA v. MUHLEISEN PROPERTIES

No. 94-CA-799.

652 So.2d 65 (1995)

Donna MENA, Wife of/and Jose Mena v. MUHLEISEN PROPERTIES, Elms Enterprises, Inc., Louis A. Muhleisen, Jr. d/b/a L.A. Muhleisen & Sons Funeral Homes, Robert Weaver and CNA Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied April 28, 1995.


Attorney(s) appearing for the Case

Leonard J. Cline, Metairie, for plaintiffs/appellees.

Rodney J. Lacoste, Jr., Harvey, for defendant/appellant.

Before KLIEBERT, C.J., and GRISBAUM and WICKER, JJ.


WICKER, Judge.

This is an appeal in an incidental proceeding that arose out of a personal injury suit. At issue is whether a hospital which seeks to enforce its privilege under La.R.S. 9:4751-4755 to recoup its charges from an injured person's proceeds of recovery may be forced to contribute to the costs of recovery. Under the facts here, we find that the hospital may not be required to so contribute. Accordingly, we reverse the district court's judgment and render...

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