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MARTIN EX REL. HOFF v. CITY OF ROCHESTER

No. C3-00-398.

642 N.W.2d 1 (2002)

Joan MARTIN, guardian ad litem for Troy HOFF, Petitioner, Appellant, and State of Minnesota, plaintiff on impleader, Respondent, v. CITY OF ROCHESTER, et al., Defendants.

Supreme Court of Minnesota.

Rehearing Denied April 23, 2002.

Attorney(s) appearing for the Case

Charles A. Bird, Rochester, James A. Koby, Parke O'Flaherty, La Crosse, WI, for petitioner.

Mike Hatch, Minnesota Attorney General, Suzette C. Schommer, Assistant Attorney General, St. Paul, for respondent.

Sonia Crannage, Burchetta Collins & Hanley, Pomona, NY, Attorneys for amicus curiae ARC MN, Inc. and NYSARC.

Michael A. Bryant, Bradshaw & Bryant, Waite Park, for amicus curiae MTLA.

Heard, considered, and decided by the court en banc.

OPINION

PAUL H. ANDERSON, Justice.

Joan E. Martin settled a personal injury cause of action against multiple defendants on behalf of her disabled son, Troy Hoff. The state asserted a medical assistance lien against the proceeds as reimbursement for Hoff's medical expenses paid by the state through medical assistance. The state also asserted a subrogation right to the proceeds. The district court dismissed the state's claim to the proceeds, finding that the...

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