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PIERCE v. CHRISTMAS TREE SHOPS, INC

429 Mass. 91 (1999)

DONNA D. PIERCE & another v. CHRISTMAS TREE SHOPS, INC., & another.

Supreme Judicial Court of Massachusetts, Norfolk.

March 2, 1999.

Attorney(s) appearing for the Case

Richard E. Brody for the plaintiffs.

Kenneth W. Salinger (Steven L. Schreckinger with him) for

Harvard Pilgrim Health Care of New England.

Steven H. Schafer (Camille F. Sarrouf, John J. St. Andre, & Martin W. Healy with him) for Massachusetts Academy of Trial Attorneys & another, amici curiae, submitted a brief.

Present: ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

ABRAMS, J.

At issue is whether Harvard Pilgrim Health Care of New England (HPHC), a lienholder under G. L. c. 111, §§ 70A-70B (medical lien statute), may be ordered to contribute to the attorney's fees and costs incurred by the plaintiff Donna D. Pierce in pursuing a tortfeasor. A Superior Court judge ordered HPHC to contribute to the plaintiff's attorney's fees and costs in the underlying tort action against the tortfeasor, the settlement of which allowed...

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