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St. Anthony's Medical Center v. Metze5/30/2000
Appeal From: Circuit Court of St. Louis County, Hon. Louis M. Kohn
Opinion Vote: AFFIRMED. Mary Rhodes Russell, C.J., concurs; Charles B.
Blackmar, Sr. J., concurs in result only in separate opinion.
Opinion:
St. Anthony's Medical Center ("Hospital") appeals the final judgment of the Circuit Court of St. Louis County dismissing its Petition to Determine Title to Property for failure to state a claim pursuant to Rule 55.27(a). Hospital contends that the settlement proceeds resulting from Phyllis Weaver 's ("Weaver") and Linda Metze's ("Metze") wrongful death action are subject to its hospital lien for services rendered to their mother, Mary Lillian Phillips ("Decedent"). We disagree. Hospital's arguments on appeal are indistinguishable from those specifically considered and rejected by the Missouri Supreme Court in American Family Mut. Ins. Co. v. Ward, 774 S.W.2d 135 (Mo.banc 1989).
The facts are not in dispute. On January 21, 1992, Decedent was involved in an automobile accident with a car driven by Marjorie McClain ("McClain"). Hospital
treated Decedent for her injuries, expending approximately $169,000 for her care. During her hospitalization, Weaver signed Decedent's name to an Agreement for Payment and Assignment of Benefits ("Agreement") and placed her own initials next to the signature. The Agreement provided for full payment of all charges for hospital services and materials furnished to Decedent by Hospital. Unfortunately, Decedent did not survive her injuries and died on April 2, 1992.
On April 21, 1992, Weaver filed a Petition for Letters of Administration for Decedent's estate and thereafter filed an Inventory and Appraisal form indicating that Decedent's personal property was valued at approximately $7000. On June 12, 1992, Hospital forwarded a Notice of Hospital Lien to Weaver's attorney attempting to place "a lien upon any and all claims, counter-claims, demands, suits and rights of action on account of the following personal injury claim" in the amount of $169,117.63. Hospital also filed a claim against Decedent's estate in probate court for the medical services rendered to Decedent.
On June 23, 1992, Weaver and Metze, in their personal capacities as the daughters of Decedent, instituted a wrongful death action against McClain in the Circuit Court of St. Louis County. In their petition, they alleged that Decedent suffered critical injuries and died due to the negligence of McClain. Weaver and Metze also alleged that they "were caused to expend in excess of $200,000.00 for medical and funeral expenses" of Decedent and that they had "lost [Decedent's] comfort, consortium, and companionship for the remainder of their lives."
On June 26, 1992, Weaver and Metze filed a Report and Acknowledgement of Receipt of Satisfaction of Judgment ("Report") with the court stating they had settled the wrongful death action for $500,000.00, with $374,380.29 being paid directly to them and the remainder to their attorneys for fees and expenses. A provision in the Report regarding the payment of Hospital's lien was crossed out and no money allocated to it. On that same day, the court entered a final judgment approving the settlement for the wrongful death of Decedent.
On November 3, 1997, Hospital filed a Petition for Discovery of Assets that was later amended by interlineation to a Petition To Determine Title To Property in the probate court. The petition requested discovery of "the proceeds of any action by or on behalf of Lillian Phillips against M. McClain related to or arising out of the accident on
January 21, 1992." In response, Weaver and Metze each filed ident
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