Supreme Court of Pennsylvania, 2008

BOWMASTER EX REL. BOWMASTER v. Clair

BOWMASTER EX REL. BOWMASTER v. Clair
Supreme Court of Pennsylvania · Decided October 15, 2008 · Per Curiam
959 A.2d 900 (Atlantic Reporter, Second Series)

BOWMASTER EX REL. BOWMASTER v. Clair

Opinion

959 A.2d 900 (2008)

Emily D. BOWMASTER, An Incapacitate Person, By and Through Donna BOWMASTER and James R. Bowmaster, Jr., Court-Appointed Guardians of the Estate and Person of Emily D. Bowmaster
v.
Gerald CLAIR and Centre Community Hospital, A Corporation.
Petition of Commonwealth of Pennsylvania, Department of Public Welfare.

No. 970 MAL 2007

Supreme Court of Pennsylvania.

October 15, 2008.

ORDER

PER CURIAM.

AND NOW, this 15th day of October, 2008, the Petition for Allowance of Appeal is hereby GRANTED. The issues, as stated by Petitioner are:

a. Where a minor child's estate may be legally liable to pay medical expenses resulting from an injury, can the child sue the tortfeasor for reimbursement of those medical expenses?
b. Did the Pennsylvania Legislature intend to permit a minor receiving medical assistance to sue a tortfeasor for medical expenses when it enacted 62 P.S. § 1409(b)?
c. Is a minor child a "beneficiary" of medical assistance as defined in 62 P.S. § 1409(b)(13)?

Case-law data current through December 31, 2025. Source: CourtListener bulk data.