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EDDY v. SYBERT

No. 5-01-0235.

783 N.E.2d 106 (2003)

335 Ill. App.3d 1136

270 Ill.Dec. 531

April D. EDDY, Plaintiff-Appellant, v. Floy E. SYBERT, Defendant (State Farm Insurance Company, Intervenor-Appellee).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted January 3, 2003.

Opinion Filed January 3, 2003.

Attorney(s) appearing for the Case

Brian M. Wendler, Wendler & Ezra, P.C., Glen Carbon, for Appellant.

Jane Unsell, Unsell, Schattnik & Juen, East Alton, for Appellee.

Justice GOLDENHERSH delivered the opinion of the court:

April D. Eddy (plaintiff) appeals from an order of the circuit court of Madison County ordering plaintiff to pay State Farm Insurance Company (State Farm) its entire subrogation lien less attorney fees of one-third for the payment of State Farm's medical-pay lien. The issue on appeal is whether the trial court erred in awarding State Farm its full subrogation lien, minus a reduction under the fund doctrine, for...

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