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539 So. 2d 642

Hubbard v. Rudolph

Louisiana Court of Appeal

Decided January 17, 1989

Louisiana Court of Appeal · decided 1989-01-17

Cited by 2 later decisions — most recently October 1992

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-17

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¶1ON APPLICATION FOR REHEARING

PER CURIAM.

¶2After reviewing the intervenor-ap-pellant’s application for rehearing, we have *645concluded that intervenor, Charity Hospital, was incorrectly omitted from the judgment of January 17, 1989. Intervenor is correct in its assertions that the trial court erred in failing to recognize the hospital’s intervention as a prima facie case.

¶3The plaintiffs bills from Charity Hospital were attached to the intervention and were accompanied by affidavit attesting to their correctness. Further; plaintiff testified he was treated at this hospital and introduced the aforementioned bills into the record without objection from defendant. LSA-R.S. 46:8 states that the hospital is subrogated to the plaintiffs’ right of action. As a subrogee, the hospital clearly has a preferential right of payment.

¶4Therefore, we amend our original opinion of January 17,1989 in the above titled case and cast judgment in favor of Charity Hospital in the amount of $9,937.70 as plaintiff’s subrogee. In all other respects our original judgment is affirmed.

¶5AMENDED AND AFFIRMED.

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