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PATTERSON v. HORTON

No. 18885-6-II.

929 P.2d 1125 (1997)

84 Wash.App. 531

Debra PATTERSON, individually and on behalf of Charli Pike, Breanne Pike, and Brittney Pike, minors, Respondent, v. David HORTON and "JANE DOE" Horton, husband and wife, Linda Horton and "JOHN DOE" Horton, wife and husband, Vaughn Pol and "JANE DOE" Pol, husband and wife, Defendants, and Michael Hundley, a single man, Respondent, and Department of Social & Health Services, and Does II through V, Appellants.

Court of Appeals of Washington, Division 2.

January 10, 1997.

Attorney(s) appearing for the Case

Gordon Ji Liu, Asst. Attorney General, Olympia, for Appellants.

James Robert Cushing; Christopher John Mahoney, Todd Patrick Kilpatrick, Paine & Kilpatrick Inc. Ps; and James Francois Leggett, Leggett & Kram, Tacoma, for Respondents.

OPINION

SEINFELD, Chief Judge.

This case arises out of a two-vehicle collision in which Debra Patterson and her three children, passengers in Michael Hundley's vehicle, were injured. The Department of Social and Health Services (DSHS) paid the medical bills for Patterson and the children after obtaining their agreement to assign to DSHS their rights to any third party recovery. The trial court, however, applied equitable subrogation principles to deny DSHS...

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