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PALMERTON v. ASSOCIATES' HEALTH & WELFARE PLAN

No. 02-1741.

260 Wis.2d 179 (2003)

2003 WI App 41

659 N.W.2d 183

Judy PALMERTON and Russell Palmerton, Plaintiffs-Appellants, v. ASSOCIATES' HEALTH AND WELFARE PLAN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 14, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of C.M. Bye, of Bye, Goff & Rohde, Ltd. of River Falls.

On behalf of the defendant-respondent, the cause was submitted on the brief of Amy J. Boettcher, of Nash, Podvin, Tuchscherer, Huttenburg, Weymouth & Kryshak, S.C. of Wisconsin Rapids, and Thomas H. Lawrence and John M. Russell of Lawrence & Russell, LLP of Memphis, Tennessee.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Judy and Russell Palmerton appeal a judgment awarding Associates' Health and Welfare Plan $35,683.29 on its subrogation claim for medical expenses paid on Judy's behalf. The Plan is a self-funded benefit plan for Wal-Mart employees under the Employee Retirement Income Security Act (ERISA). The Plan paid Judy's medical expenses arising from an automobile accident. The Palmertons sued the tortfeasor and joined the Plan as a defendant. The Palmertons...

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