Dr. Edward W. Dailey v. Markeeta Barnhardt and Farmers Insurance Co.

Antler, Oklahoma civil litigation lawyers represented the parties in a physician lien dispute under 42 O.K. Section 46.



Dr. Edward Dailey, filed this action seeking to foreclose on a physician's lien claimed under 42 O.S. 1985 Supp. § 46 . He attached a copy of the lien wherein he claimed $1710.00 for medical services against Appellee Farmers' Insurance Company.



Dailey provided chiropractic services to Appellee Markeeta Barnhart for injuries sustained in an automobile accident. The lien reflects the statutory language stating that Dailey provided the services "as a result of the act or negligence of another" (Pat Barnhart). The notice of the lien shows Dailey sent a copy to Pat Barnhart's insurance carrier, Appellee Farmers' Insurance.



Appellees filed a motion for summary judgment raising these issues as delineated in their answer. The trial court overruled Appellees' motion. At pre-trial the court issued an extensive order setting forth the issues to be tried. At no time and in no order or pleading did Appellees or the trial court suggest that Appellees denied the injuries arose from "the negligence or act of another".



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Reversed and new trial ordered.