[DOWNLOAD] "Duke University Medical Center v. Hardy" by Court of Appeals of North Carolina No. 8714DC833 # Book PDF Kindle ePub Free
eBook details
- Title: Duke University Medical Center v. Hardy
- Author : Court of Appeals of North Carolina No. 8714DC833
- Release Date : January 19, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[89 NCApp Page 719] Plaintiffs' appeal from an order of summary judgment presents only one question -- whether plaintiffs are entitled to a hospital
and medical services lien upon certain funds belonging to the minor defendant that are being held in trust for him by the
defendant Weaver. The pertinent facts, few and undisputed, follow: For several days following his injury in an automobile
collision that occurred on 18 May 1983, the defendant minor, then eight years old, was hospitalized and treated by plaintiffs
and their charges have not been paid. On 23 September 1983 an action to recover for his injuries, then pending in the Superior
Court of Edgecombe County, was settled and the net sum recovered by the plaintiff was turned over to the defendant Weaver,
in his [89 NCApp Page 720] capacity as Clerk of that court, who has held it in trust for the minor ever since. Plaintiffs
did not file claim for a lien in the Edgecombe County Superior Court within thirty days after the minor's action was instituted;
and if they claimed by any act or means to have a lien on the minor's recovery of funds before 29 July 1986, when their amended
complaint claiming that they have a lien on the minor's funds held by the Clerk of Court was filed in this action, the record
does not show it.