Methodist Hospitals of Memphis v. Guardianship of Marsh, No. 57417

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtHAWKINS; ROY NOBLE LEE
Citation518 So.2d 1227
PartiesMETHODIST HOSPITALS OF MEMPHIS v. GUARDIANSHIP OF Stephen G. MARSH, A Minor, Larry Marsh and Tina Marsh, Natural Parents of Stephen G. Marsh.
Decision Date20 January 1988
Docket NumberNo. 57417

Page 1227

518 So.2d 1227
METHODIST HOSPITALS OF MEMPHIS
v.
GUARDIANSHIP OF Stephen G. MARSH, A Minor, Larry Marsh and
Tina Marsh, Natural Parents of Stephen G. Marsh.
No. 57417.
Supreme Court of Mississippi.
Jan. 20, 1988.

Thomas R. Prewitt, Jr., Sara L. Rosson, Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Memphis, Tenn., for appellant.

D. Russell Jones, Jr., Southaven, for appellees.

Before HAWKINS, P.J., and PRATHER and SULLIVAN, JJ.

Page 1228

HAWKINS, Presiding Justice, for the Court:

Methodist Hospitals of Memphis, a Memphis, Tennessee, hospital, appeals from a decree of the chancery court of DeSoto County holding that it held no valid lien against the estate of Stephen B. Marsh, an injured minor, by virtue of a written instrument executed by his mother, Mrs. Tina Marsh, purporting to grant a lien to the hospital. We affirm the chancellor's finding that no lien was created against the minor's estate by virtue of an instrument executed by his mother, but remand for a determination of whether a two thousand dollar ($2,000) medical coverage was payable directly to the hospital as the beneficiary under an insurance policy.

FACTS

Stephen was injured while a passenger in a car being driven by another minor, Darrell McCullough, in an automobile insured by Maryland Casualty Company. He was treated at Methodist Hospital in Memphis. His mother, Mrs. Tina Marsh, signed a document called a Hospital Lien in which she agreed to pay out of any insurance settlement or judgment she might recover any hospital bills incurred in treating her injury. Mr. and Mrs. Marsh were later appointed guardians of their son's estate. Maryland Casualty settled at the policy limits: $25,000 in liability coverage and $2,000 in medical payments coverage. Mr. and Mrs. Marsh petitioned the chancellor to rescind the instrument she had executed, and made the hospital an adverse party. The hospital answered, claiming that it had a lien on the settlement by virtue of the assignment of the minor's mother and his attorney.

The chancellor read the document and held that the mother had made no promises concerning the money her son had received. The judge decreed that the hospital was not entitled to receive any money from the minor's estate.

LAW

On authority of McCoy v. Preferred Risk Ins. Co., 471 So.2d 396 (Miss.1985), the decree is affirmed as to the $25,000 liability coverage benefits under the Maryland Casualty Company policy. Mrs. Tina Marsh, the mother, had no...

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29 practice notes
  • Bauhaus Usa, Inc. v. Copeland, No. 01-60343.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 21, 2002
    ...Court articulated this rule in McCoy v. Preferred Risk Ins. Co., 471 So.2d 396, 397-99 (Miss. 1985) and Methodist Hospitals v. Marsh, 518 So.2d 1227, 1228 (Miss. 6. There is no independent ground for federal question jurisdiction under § 1331 based on plaintiff's preemption argument because......
  • Ashley Healthcare Plan v. Dillard (In re Guardianship of O.D.), No. 2014–CA–00322–SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • August 6, 2015
    ...assignment of a minor's right to insurance proceeds would not be preempted by ERISA. " Id. (citing Methodist Hosp. of Memphis v. Marsh, 518 So.2d 1227, 1228 (Miss.1988) ) (emphasis added).¶ 39. Ashley Healthcare Plan asserts that this case is distinguishable because the subrogation lien was......
  • Pascagoula Sch. Dist. v. Tucker, No. 2010–CA–00955–SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • July 19, 2012
    ...based on issues never presented to them.”); In re V.R., 725 So.2d at 245;Patterson, 594 So.2d at 609;Methodist Hosp. of Memphis v. Marsh, 518 So.2d 1227, 1228 (Miss.1988); Estate of Myers v. Myers, 498 So.2d 376, 379 (Miss.1986); Ponder v. State, 335 So.2d 885, 886 (Miss.1976). [91 So.3d 61......
  • Pascagoula Sch. Dist. v. Tucker, NO. 2010-CA-00955-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • April 12, 2012
    ...on issues never presented to them."); In re V.R., 725 So. 2d at 245; Patterson, 594 So. 2d at 609; Methodist Hosp. of Memphis v. Marsh, 518 So. 2d 1227, 1228 (Miss. 1988); Estate of Myers v. Myers, 498 So. 2d 376, 379 (Miss. 1986); Ponder v. State, 335 So. 2d 885, 886 (Miss. 1976). ¶40. In ......
  • Request a trial to view additional results
29 cases
  • Bauhaus Usa, Inc. v. Copeland, No. 01-60343.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 21, 2002
    ...Court articulated this rule in McCoy v. Preferred Risk Ins. Co., 471 So.2d 396, 397-99 (Miss. 1985) and Methodist Hospitals v. Marsh, 518 So.2d 1227, 1228 (Miss. 6. There is no independent ground for federal question jurisdiction under § 1331 based on plaintiff's preemption argument because......
  • Ashley Healthcare Plan v. Dillard (In re Guardianship of O.D.), No. 2014–CA–00322–SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • August 6, 2015
    ...assignment of a minor's right to insurance proceeds would not be preempted by ERISA. " Id. (citing Methodist Hosp. of Memphis v. Marsh, 518 So.2d 1227, 1228 (Miss.1988) ) (emphasis added).¶ 39. Ashley Healthcare Plan asserts that this case is distinguishable because the subrogation lien was......
  • Pascagoula Sch. Dist. v. Tucker, No. 2010–CA–00955–SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • July 19, 2012
    ...based on issues never presented to them.”); In re V.R., 725 So.2d at 245;Patterson, 594 So.2d at 609;Methodist Hosp. of Memphis v. Marsh, 518 So.2d 1227, 1228 (Miss.1988); Estate of Myers v. Myers, 498 So.2d 376, 379 (Miss.1986); Ponder v. State, 335 So.2d 885, 886 (Miss.1976). [91 So.3d 61......
  • Pascagoula Sch. Dist. v. Tucker, NO. 2010-CA-00955-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • April 12, 2012
    ...on issues never presented to them."); In re V.R., 725 So. 2d at 245; Patterson, 594 So. 2d at 609; Methodist Hosp. of Memphis v. Marsh, 518 So. 2d 1227, 1228 (Miss. 1988); Estate of Myers v. Myers, 498 So. 2d 376, 379 (Miss. 1986); Ponder v. State, 335 So. 2d 885, 886 (Miss. 1976). ¶40. In ......
  • Request a trial to view additional results

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