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MARTINEZ v. ST. JOSEPH HEALTHCARE SYSTEM

No. 21287.

871 P.2d 1363 (1994)

117 N.M. 357

Benina S. MARTINEZ, personal representative of the Estate of Debbie D. Trujillo, deceased, Plaintiff-Petitioner, v. ST. JOSEPH HEALTHCARE SYSTEM, Defendant-Respondent.

Supreme Court of New Mexico.

March 15, 1994.

Attorney(s) appearing for the Case

Dennis Luchetti, Espanola, for petitioner.

Sorenson & Rhoades, P.C., Richard D. Barish, D. James Sorenson, Albuquerque, for respondent.

William H. Carpenter, Cynthia A. Fry, Michael B. Browde, Albuquerque, for amicus curiae NM Trial Lawyers.

OPINION

RANSOM, Justice.

We issued a writ of certiorari to the Court of Appeals to review whether a hospital enforcing its statutory lien upon proceeds of a personal injury settlement must pay its proportionate share of attorney's fees and other costs incurred in the course of the patient's pursuit of her claim against the third party. The district court determined that a hospital should pay its proportionate share. The Court of Appeals summarily reversed...

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