Lovett

Four medical lien claimants appeal an order distributing settlement proceeds in a personal injury action filed by Michael A. Lovett and an order denying their motion to vacate the first order. Doctor David Rutberg, psychologists Deena Staab and Manuel Tobias, and Shanley Chiropractic (claimants) treated Lovett for physical injuries and psychological problems resulting from an automobile accident. After Lovett settled with the defendants, the court apportioned Lovett’s attorney fees among claimants under the common fund doctrine. Claimants contend the court acted beyond its jurisdiction in adjudicating their lien claims and erred by applying the common fund doctrine. We reject claimants’ jurisdictional arguments but conclude the order determining payment of their liens must be reversed because the common fund doctrine cannot be applied to apportion a plaintiff’s attorney fees among contractual medical lienholders.

Factual and Procedural Background

Lovett was seriously injured when the automobile he was driving was rear-ended by a truck. He filed a complaint seeking damages from the driver of the truck and the driver’s employer.

Lovett received treatment for his injuries…