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BLANKENSHIP v. ESTATE OF BAIN

5 S.W.3d 647 (1999)

Benny N. BLANKENSHIP and Sheila Blankenship, Appellants, and Blue Cross and Blue Shield of Tennessee, Plaintiff by Intervention-Appellee, v. ESTATE OF Joshua C. BAIN and Bob Williams Ford Lincoln-Mercury, Defendants.

Supreme Court of Tennessee, at Nashville.

November 29, 1999.

Attorney(s) appearing for the Case

David E. High, Nashville, John Pellegrin, Gallatin, Peter D. Heil, Nashville, for appellants.

Jerome J. Cohen, John B. Ingleson, Nashville, for appellee, Blue Cross and Blue Shield of Tennessee.

Dianne Elizabeth Lashmit, Gilreath & Associates, Knoxville, Jimmy W. Bilbo, Logan, Thompson, Miller, Bilbo, Thompson & Fisher, P.C., Cleveland, for Amicus Curiae, Tennessee Trial Lawyers Association.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Sue A. Sheldon, Senior Counsel, Nashville, for Amicus Curiae, Tennessee Department of Health, Bureau of TennCare.

OPINION

ANDERSON, C.J.

We granted this appeal to decide whether a person who receives health care benefits under Tennessee's medical assistance program ("TennCare") must be "made whole" for his or her loss before the State is entitled to subrogation for any medical expenses it paid on the person's behalf.

The trial court concluded that TennCare, through its administrator, Blue Cross and Blue Shield of Tennessee ("Blue Cross/Blue Shield"), was not...

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