Health carrier seeks cut from $215K settlement with X-Chem

By David Yates | Aug 7, 2012


A plaintiff who received a $215,000 settlement from X-Chem Inc. filed a motion to determine the validity of her health carrier's subrogation interest.

As previously reported, Stephanie Larcade filed suit against X-Chem and one of its employees, Charles Powell, who allegedly caused a motor vehicle collision last October, on April 12 in Jefferson County District Court.

A letter dated June 27 by Larcade's attorney shows that cause settled for $215,000 and that part of the settlement, $6,357, would be paid to Christus St. Elizabeth Hospital directly.

Court records further show that on July 26 Larcade filed a motion to determine validity of asserted subrogation interest, which was brought by her health carrier, Aetna.

She is asking the court to determine that a medical subrogation interest does not exist, the motion states.

The lawsuit states that on Oct. 31 Powell, while in the course and scope of his employment with X-Chem, failed to yield the right-of-way at the intersection at State Highway 73 and LaBelle Road, causing a collision with Larcade.

The suit further accuses Powell of negligently failing to keep a proper lookout.

Larcade was suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Tommy Yeates of Moore Landrey represents her.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-296

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