SHEARER v. MOORE


277 Pa.Super. 70 (1980)

419 A.2d 665

Tracy L. SHEARER, a minor, by Dolores Shearer, her guardian; and Dolores Shearer, in her own right, v. John Henry MOORE. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE.

Superior Court of Pennsylvania.

Filed April 3, 1980.


Attorney(s) appearing for the Case

Kellen McClendon, Assistant Attorney General, Pittsburgh, for appellant.

No appearance entered nor briefs submitted for appellees.

Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.


WIEAND, Judge:

In this appeal we are asked to decide whether the Commonwealth of Pennsylvania, which has made medical assistance payments to a minor welfare recipient and which claims reimbursement from the proceeds of a settlement achieved by its recipient with a third party tortfeasor, can be ordered by a court of competent jurisdiction to pay a proportionate part of the fees of counsel whose efforts achieved the settlement.

On April 13, 1974, Tracy L. Shearer...

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