Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McRoberts v. Porter

Court of Appeals of Illinois, Fifth District

June 13, 2013

DAVID McROBERTS, Individually and as Father of Kaitlin McRoberts, a Minor, and KIM McROBERTS, Plaintiff-Appellants,
v.
TONI PORTER, Special Administrator of the Estate of Lori Maramba, Deceased, Defendant (Southern Illinois Hospital Services, d/b/a Memorial Hospital of Carbondale and St. Joseph Memorial Hospital, Respondent-Appellee).

Held [*]

Respondent medical providers’ health care services liens attached to plaintiffs’ underinsured-motorist benefits and respondents were entitled to 40% of those benefits, since the benefits are similar to claims or settlements, and the Health Care Services Lien Act provides that health care providers shall have a lien that shall not exceed 40% of the award or settlement secured by the injured person or persons on the claim.

Appeal from the Circuit Court of Perry County, No. 11-L-22; the Hon. James W. Campanella, Judge, presiding.

John D. Alleman, of Alleman & Hicks, of Carbondale, for appellants.

John R. Daly, of Southern Illinois Hospital Services, of Carbondale, for appellee.

Panel JUSTICE CHAPMAN delivered the judgment of the court, with opinion. Presiding Justice Spomer and Justice Cates concurred in the judgment and opinion.

OPINION

CHAPMAN JUSTICE

¶ 1 The only issue presented in this case is whether a health care services lien attaches to underinsured-motorist benefits.

¶ 2 FACTS

¶ 3 The accident that forms the basis of the issue involving liens and insurance benefits occurred on November 5, 2009, in Murphysboro. A vehicle driven by Lori Maramba crossed the centerline and struck a vehicle driven by David McRoberts. Kaitlin, a minor, and Kim McRoberts were passengers. David, Kaitlin, and Kim all sustained bodily injuries and damages.

¶ 4 The liability insurance limit available was $50, 000. The plaintiffs collected those benefits. Additionally, underinsured-motorist benefits were available to the McRoberts. The underinsured-motorist benefits were another $50, 000. The record does not contain a breakdown of which plaintiff or plaintiffs received medical services and incurred bills. The total amount of medical bills incurred by the McRoberts for care following this accident was in excess of $321, 000.

¶ 5 Several health care providers properly filed liens in compliance with the Health Care Services Lien Act (770 ILCS 23/1 to 999 (West 2008)). The plaintiffs filed a petition to adjudicate medical liens on December 1, 2011.

¶ 6 The trial court held a hearing on the petition on December 9, 2011. Southern Illinois Hospital Services, d/b/a Memorial Hospital of Carbondale and St. Joseph Memorial Hospital, filed a written response to the petition and to a memorandum of law filed by the plaintiffs. The trial court considered both memoranda and on January 4, 2012, entered its order. The court found that the Health Care Services Lien Act provided that 40% of the settlement amount of $50, 000 was to be disbursed in proportional shares to five of the lienholders who had filed an appearance with the court. The court allocated $20, 000 of the $50, 000 in underinsured-motorist benefits amongst those five lienholders. The court also entered a second order on January 5, 2012, which analyzed the issue of application of the Health Care Services Lien Act to underinsured-coverage proceeds. The court found that there were no cases directly on point. The court noted that the cases that the defendants cited from other jurisdictions allowing application of a lien to underinsured-coverage proceeds were based upon statutes with far more restrictive language than that contained within the Illinois Act. The trial court held that the phrase "all claims and causes of action" was determinative of the issue and that the legislature meant to include underinsured-coverage proceeds.

ΒΆ 7 The trial court included language in the orders to ensure that the rulings were final and appealable. Ill. S.Ct. R. 304(a) (eff. Feb. 26, 2010). ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.