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LUNDBERG v. JEEP CORP.

No. C7-98-127.

582 N.W.2d 268 (1998)

Troy LUNDBERG, by Virgil F. LUNDBERG, his guardian, Respondent, v. JEEP CORPORATION, a subsidiary of Chrysler Corporation, a Delaware corporation, et al., Respondents, James A. Nelson, Respondent, Minnesota Department of Human Services, lienholder, Appellant.

Court of Appeals of Minnesota.

July 7, 1998.

Attorney(s) appearing for the Case

Michael R. Sieben, Michael R. Strom, Sieben, Polk, LaVerdiere, Jones & Hawn, P.A., Hastings, for respondent Troy Lundberg.

Mark S. Olson, Oppenheimer, Wolff & Donnelly, Minneapolis, for respondents Jeep Corp., et al.

David C. Holman, Eden Prairie, for respondent James Nelson.

Hubert H. Humphrey III, Attorney General, Robert V. Sauer, Assistant Attorney General, St. Paul, for appellant.

Michael A. Bryant, John H. Bradshaw Law Offices, St. Cloud, for amicus curiae Minnesota Trial Lawyers Association.

Considered and decided by KLAPHAKE, P.J., and LANSING and FORSBERG, JJ.

OPINION

LANSING, Judge.

After settling his product liability and negligence action against two third-party defendants, Troy Lundberg moved to eliminate or reduce the state's lien for medical assistance payments on grounds that Minn.Stat. § 256B.042 violates the Equal Protection Clause of the Minnesota Constitution. The district court granted the motion and alternatively provided that the state's lien be reduced for attorneys' fees and costs incurred...

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