SISTERS OF ST. JOSEPH OF PEACE, HEALTH, AND HOSPITAL SERVICES V. RUSSELL
318 Or. 370, 867 P.2d 1377 (1994)
NATURE OF THE CASE: This was a dispute over hospital bills.
FACTS: Russell (D) was injured in logging accident. P's back was broken. D was uncertain
who his employer was at the time of the accident and filed four claims for worker's
compensation. It was determined that Aetna was the insurance company that would be
responsible for D's claim. Aetna sought judicial review of that determination. While that
review was pending Aetna entered into a Disputed Claims Settlement (DCS) agreement with D.
Sisters (P) brought this action against D and Aetna to recover for the medical care provided
to D. P claimed an implied in fact contract, account stated, and a claim against Aetna on a
third party beneficiary agreement based on the DCS agreement. The trial court gave the award
to P and Aetna requested a judgment N.O.V. but was denied. Aetna appealed. The Court of
Appeals reversed; there was no third party standing and there was no proof of an implied in
fact contract because there was no evidence to show that what was supplied was necessary for
the care of D. At best P was an incidental beneficiary. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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