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MERCY HOSP. MED. CENTER v. MARION COUNTY

No. 97-1268.

590 N.W.2d 41 (1999)

MERCY HOSPITAL MEDICAL CENTER, Appellee, v. COUNTY OF MARION, Iowa, Appellant, Martin Albert Kluge, County of Woodbury, Iowa, and Iowa Department of Corrections, Defendants. Iowa Orthopaedic Center, Appellee, v. County Of Marion, Iowa, Appellant, Martin Albert Kluge, County Of Woodbury, Iowa, and Iowa Department Of Corrections, Defendants.

Supreme Court of Iowa.

February 17, 1999.

Attorney(s) appearing for the Case

Thomas J. Logan and Hugh J. Cain of Hopkins & Huebner, P.C., Des Moines, for appellant.

David B. Russell of Abendroth & Russell, P.C., Urbandale, and Michael P. Mallaney of Smith, Schneider, Stiles, Hudson, Serangeli, Mallaney & Shindler, P.C., Des Moines, for appellees.

Considered by HARRIS, P.J., LARSON, CARTER, NEUMAN, and TERNUS, JJ.

LARSON, Justice.

The issue on this appeal is whether Marion County must bear some of the costs of emergency medical care given to an Iowa Department of Corrections (DOC) inmate who had escaped from work release. The DOC settled with the plaintiffs by paying half of the medical costs, and the district court ruled that the county was liable for the remaining half. We reverse and remand.

I. Facts.

Martin Kluge walked away from a...

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