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PARNELL v. MADONNA REHABILITATION HOSP.

No. S-98-985.

602 N.W.2d 461 (1999)

258 Neb. 125

Jeremy D. PARNELL, appellant, v. MADONNA REHABILITATION HOSPITAL, INC., a Nebraska corporation, and Rehabilitation Specialists, a division of Madonna Rehabilitation Hospital, appellees.

Supreme Court of Nebraska.

November 12, 1999.

Attorney(s) appearing for the Case

James D. Carson and Eric W. Kruger, of Rickerson & Kruger, Omaha, for appellant.

Richard P. Garden, Jr., and John L. Horan, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellees.

HENDRY, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The appellant, Jeremy D. Parnell, was injured in an automobile accident and treated by the appellees, Madonna Rehabilitation Hospital, Inc. (Madonna), and Rehabilitation Specialists, a division of Madonna. Pursuant to Neb.Rev.Stat. § 52-401 (Reissue 1998), Madonna claimed a lien against settlement money obtained by Parnell as part of a personal injury action related to the accident. Parnell brought suit seeking a determination that the "usual and...

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