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S.S. v. STATE

No. 960430.

972 P.2d 439 (1998)

S.S., a minor, Plaintiff and Appellee, v. STATE of Utah and Office of Recovery Services, Defendant and Appellant.

Supreme Court of Utah.

November 27, 1998.

Attorney(s) appearing for the Case

Lowell V. Smith, Richard K. Glauser, Salt Lake City, for plaintiff

Jan Graham, Att'y Gen., Linda Luinstra, Asst. Att'y Gen., Salt Lake City, for defendant

HOWE, Chief Justice:

The State of Utah appeals from the trial court's order that insurance payments for the injury which permanently disabled the minor plaintiff may be used to fund a "special needs trust" to be established to augment his long-term care without first reimbursing the State for Medicaid payment of plaintiff's nursing home care.

FACTS

Sixteen-year-old S.S. suffered massive brain damage and was permanently disabled when a drunk driver...

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