 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Dickey v. Burick5/23/2005
JUDGMENT: Affirmed in part and Reversed in part
{ } Defendants Elizabeth A. Burick and Elizabeth A. Burick Co., L.P.A., appeal two judgments of the Municipal Court of Canton, Stark County, Ohio. Plaintiffs in the action are Larry A. Dickey, a licensed massage therapist, and Paul Dubos, a licensed chiropractor. In each case, the trial court modified the report of the magistrate and awarded each plaintiff judgment on his small claims complaint. Appellants assign four errors to the trial court:
{ } "I. The trial court erred as a matter of law in not granting the appellants' motion to dismiss the appellees cause of action against an improperly named corporation.
{ } "II. The trial court erred as a matter of law in not granting the appellants' motion to dismiss the appellees cause of action as to the appellant individually listed on the complaint.
{ } "III. The trial court erred as a matter of law in not granting the appellants' objection of the magistrate's decision as to the appellants' liability to the appellees for a medical bill incurred by a client of the appellants.
{ } "IV. The trial court erred as a matter of law in not granting the appellants' objection to the magistrate's decision as to the appellants' liability to the appellees for a medical bill incurred by a client of the appellants based on the facts presented that the client had filed bankruptcy and listed her personal injury claim on said bankruptcy forms."
{ } These cases present the same issues and have been treated together in municipal court. This court has sua sponte consolidated the cases for appeal.
{ } Appellant Elizabeth A. Burick is an attorney, and appellant Elizabeth A. Burick Co., L.P.A., is her professional association. Appellee Dubos filed a claim against appellants and their client, Debra Burch, for $2,600 for services provided to Burch, who is not a party to this appeal. Appellee Dickey filed his complaint for $975, also for services provided to Debra Burch. Attached to these complaints were itemized bills for various services. Appellees' claims against appellants arose because Burick represented Burch in a personal injury claim. In order to obtain the medical records she needed to pursue the claim, Burch signed the document entitled "Doctor's Lien," which contained the following language:
{ } "I hereby authorize and direct you, my attorney(s), to pay directly to said doctor, such sums as may be due and owing him/her for professional services rendered to me both by reason of the aforesaid accident and by reason of any other bills that are due and owing to his/her office and to withhold such sums for any settlement, judgment or verdict as may be necessary to adequately protect said doctor. I hereby further give a lien on my case to said doctor against any and all proceeds of any settlement, judgment or verdict which may be paid to you, my attorney(s), or myself as a result of the injuries for which I had been treated or injuries in connection therewith."
{ } Below the portion signed by Burch is another paragraph, which states:
{ } "The undersigned attorney(s) of record for the above patient does (sic) hereby agree to observe all the terms and conditions of the above lien and agree(s) to withhold such sums from any settlement, judgment or verdict as may be necessary to protect the said doctor named above." The signature on this portion of the document reads "Elizabeth Burick."
{ } It appears undisputed that Burch settled her claims and that none of the settlement funds were given to either appellee Dickey or appellee Dubos.
{ } A magistrate held a hearing on Jun
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|