Bowmaster ex rel. Bowmaster v. Clair

Supreme Court of Pennsylvania

Decided October 15, 2008

Supreme Court of Pennsylvania · decided 2008-10-15

Cited by 8 later decisions — most recently January 2014

8 state decisions

Key passage — most relied on by later courts

“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)?”

quoted by 2 later decisions, including EDB EX REL. DB v. Clair, E.D.B. ex rel. D.B. v. Clair

Good law ✅— No negative treatment on recordhow we know

Decided 2008-10-15

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¶1ORDER

PER CURIAM.

¶2AND 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 tortfea-sor 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)?