Tapia
Tapia v. Pohlmann
Opinion
Opinion
Kremer, J.
The County of San Diego appeals an order approving minor Victor Tapia’s compromise of a disputed claim against a third party. The county contends the superior court erred in declining to order payment from Victor’s compromise settlement of the full amount sought by the county for reimbursement of medical payments it made on Victor’s behalf. We reverse the order.
I
Factual Background
In September 1992 while carrying his eight-month-old cousin Alejandro Tapia, eight-year-old Victor rode his skateboard from a sidewalk into a street and collided with a vehicle driven by Wendy Laurie Pohlmann. Victor underwent hospitalization, testing, and procedures for injuries to his brain and spleen. Victor recovered “very very well” from his injuries.
The county’s California Children’s Services Program (Children’s Services) paid most of Victor’s medical bills. Victor’s father, Amado Tapia, agreed in writing to reimburse Children’s Services for such payments in the event of receipt of money from “insurance, a lawsuit, a public drive or any other source.” (Health & Saf. Code, § 123872.)
Although actually billing the county for $71,076.49 in health care services furnished to Victor, the…