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WALLACE v. ESTATE OF JACKSON

No. 960028.

972 P.2d 446 (1998)

David Spencer WALLACE and Allstate Insurance Company, Plaintiffs, v. ESTATE OF Nichole JACKSON, Daniel McNeil, Emily Nelson, Keejoe Attakai, State of Utah Medicaid Section, and John Does I-XX, Defendants. State of Utah, Medicaid Section, Cross-Claimant and Counterclaim Defendant, v. Daniel M. McNeil, Cross-Claim Defendant and Counterclaimant.

Supreme Court of Utah.

Rehearing Denied January 29, 1999.

Attorney(s) appearing for the Case

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

Robert B. Sykes, Matthew H. Raty, Salt Lake City, for McNeil

HOWE, Chief Justice:

Daniel M. McNeil appeals from a summary judgment granted by the district court enforcing the State's lien against insurance proceeds he recovered as a result of an automobile accident in which he was injured. The court also awarded the State attorney fees and costs.

McNeil was a passenger in an automobile which was involved in an accident. He sustained severe brain injuries with permanent effects and profound neurological deficits. At...

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