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WEAVER v. MALINDA

No. 07-CA-708.

980 So.2d 55 (2008)

Tammy WEAVER and Isaac Weaver, Jr. individually and on behalf of their Deceased Daughter, Virginia Weaver; Emma Lynn Sellers, on behalf of her Minor Daughter, Tammy Thornton; and Susan Lucas, on behalf of her Minor Daughter, Deborah Laird v. Frank MALINDA, Nicoll's Limousine Service Inc., State National Insurance Co., The State of Louisiana through the Department of Transportation and Development, Tonti Management Corp., XYZ Insurance Company and the Parish of Jefferson, Department of Parkways.

Court of Appeal of Louisiana, Fifth Circuit.

February 19, 2008.

Attorney(s) appearing for the Case

Randall J. Meyer, Attorney at Law, New Orleans, Louisiana, for Plaintiff/Appellee, Tammy Thornton.

Lisa C. Lee, Neal R. Elliott, Jr., Weldon J. Hill, LaVon D. Raymond, Attorneys at Law, Baton Rouge, Louisiana, for Defendant/Appellant, Louisiana Department of Health and Hospitals.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY, and CLARENCE E. McMANUS.

SUSAN M. CHEHARDY, Judge.

The issue on this appeal is how much plaintiff Tammy Thornton must reimburse the State of Louisiana, through the Department of Health and Hospitals, (hereafter "DHH"), out of settlement monies she received from third parties. DHH provided Medicaid payments on Thornton's behalf following her injuries in an automobile accident. The district court ruled that DHH may recover only twenty-five percent of its lien amount. We affirm.

Tammy...

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