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QUALITY CHIROPRACTIC, PC V. FARMERS INS. CO.
State: New Mexico
Court: Court of Appeals
Docket No: 22439
Case Date: 06/14/2002
Plaintiff: QUALITY CHIROPRACTIC, PC
Defendant: FARMERS INS. CO.
Preview:1 QUALITY CHIROPRACTIC, PC V. FARMERS INS. CO., 2002-NMCA-080, 132 N.M. 518, 51 P.3d 1172 QUALITY CHIROPRACTIC, PC, Plaintiff-Appellant, vs. FARMERS INSURANCE COMPANY OF ARIZONA, Defendant-Appellee.
Docket No. 22,439 COURT OF APPEALS OF NEW MEXICO 2002-NMCA-080, 132 N.M. 518, 51 P.3d 1172 June 14, 2002, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY. William F. Lang, District Judge. As Corrected August 7, 2002. Released for Publication July 17, 2002. COUNSEL Alexander A. Wold, Jr., Alexander Wold & Associates, P.C., Albuquerque, NM, for Appellant. Amina Quargnali-Linsley, Miller, Stratvert & Torgerson, P.A., Albuquerque, NM, for Appellee. JUDGES LYNN PICKARD, Judge. WE CONCUR: A. JOSEPH ALARID, Judge, CYNTHIA A. FRY, Judge. AUTHOR: LYNN PICKARD OPINION

{*520} PICKARD, Judge.

{1} Plaintiff, a chiropractic clinic, provided treatment to a patient who suffered injuries in a car accident. The patient signed a document granting Plaintiff an "assignment and lien" in any proceeds that he received from claims arising out of the accident. The patient later reached a settlement agreement with the driver and Defendant, the driver's insurer, without providing for payment to Plaintiff. Plaintiff brought suit against Defendant, seeking to enforce its assignment rights in the proceeds of the settlement. The district court granted Defendant's motion for summary judgment. Plaintiff urges us to allow an injured accident victim to assign the proceeds of any judgment or settlement from a personal injury claim and to enforce such assignment against an insurance company that has already paid the victim. We decline to do so, and we therefore affirm the judgment of the district court. FACTS

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