MOSS v. WITTMER

No. 106,407. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

228 P.3d 542 (2009)

2009 OK CIV APP 102

Lucindy Ann MOSS, individually and as parent and next friend of Arthur Jackson Adney, a minor, Plaintiff/Appellant, v. Michael WITTMER and Thelma Wittmer, Defendants, v. Oklahoma Health Care Authority, Appellee.

Court of Civil Appeals of Oklahoma, Division No. 4.

October 29, 2009.


Attorney(s) appearing for the Case

Tye H. Smith, Charles G. Smart, Carr & Carr, Attorneys, Tulsa, Oklahoma, for Plaintiff/Appellant.

Ashley D. Williams, Lynn Rambo-Jones, Howard J. Pallott, Oklahoma City, Oklahoma, for Appellee.


DOUG GABBARD II, Presiding Judge.

¶ 1 Lucindy Ann Moss (Plaintiff) appeals an order enforcing a statutory lien in favor of the Oklahoma Health Care Authority (OHCA). We reverse and remand with directions.

FACTS

¶ 2 In 1997, Plaintiff's son, Arthur Jackson Adney (AJ), then one year old, was seriously injured when he was attacked by a pet monkey owned by Defendants, Michael and Thelma Wittmer. AJ recovered after extensive medical treatment...

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