Broadlawns Polk County Hospital Ex Rel. Fenton v. Estate of Major

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• hospital not liable for estate’s attorney fees in connection with successful wrongful death claim against third party; proceeds of claim used to satisfy hospital’s lien
• in response to a similar unjust enrichment argument, the court noted that the patient, rather than the hospital, would be unjustly enriched if the hospital were required to pay a portion of the patient’s attorney fees
• The common fund theory does not apply because “the hospital and the [estate] administrator do not stand on equal bases as claimants against the fund. Rather, the hospital’s claim to the fund arose only because the hospital was the decedent’s, and thus his estate’s, creditor.”
• The common fund theory does not apply because “the hospital and the [estate] administrator do not stand on equal bases as claimants against the fund. Rather, the hospital’s claim to the fund arose only because the hospital was the decedent’s, and thus his estate’s, creditor.”

Source: CourtListener parenthetical corpus (CC0).