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ERICKSON v. FULLERTON

No. C8-00-607.

619 N.W.2d 204 (2000)

Kurt ERICKSON as Parent and Natural Guardian of Maranda Rae Erickson, a minor Child, and Kurt Erickson, Appellant, v. Rhonda Jean FULLERTON, Respondent, HealthPartners, o/b/o MinnesotaCare, Respondent.

Court of Appeals of Minnesota.

November 28, 2000.

Attorney(s) appearing for the Case

Duane E. Arndt, Kathryn K. Smith, Arndt & Benton, P.A., Minneapolis, MN, (for appellant).

Roger H. Gross, Gislason & Hunter, L.L.P., Minnetonka, MN, (for respondent Fullerton).

Richard M. Hagstrom, Troy J. Seibert, Zelle, Hoffmann, Voelbel & Gette, LLP, Minneapolis, MN; and Anne L. Johnson, HealthPartners, Inc., Bloomington, MN, (for respondent HealthPartners).

Considered and decided by KLAPHAKE, Presiding Judge, LANSING, Judge, and SCHUMACHER, Judge.

OPINION

LANSING, Judge

The district court granted HealthPartners, on behalf of MinnesotaCare, a statutory cost-of-care lien against an injured minor's settlement with a responsible third party. The minor's guardian challenges the lien's statutory and constitutional validity when applied to proceeds of an injured person who has not been fully compensated. On this record, we decline to reach the constitutional issue, and because Minn.Stat. § 62A.095 ...

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