Page:Copeland By and Through Copeland v. Toyota Motor Sales U.S.A., Inc.pdf/2



Kenneth G. Gale, of Focht, Hughey & Calvert, L.L.C., Wichita, Kansas (David P. Calvert, of Focht, Hughey & Calvert, L.L.C., Wichita, Kansas, with him on the brief) for Appellant.

Robert R. Hiller, Jr., of Dept. of Social and Rehabilitation Services, Topeka, Kansas (Reid Stacey of Dept. of Social and Rehabilitation Services, Topeka, Kansas, with him on the brief) for Appellee.

Before LUCERO, McWILLIAMS, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Appellant Janey Copeland was injured in a 1988 automobile accident when she was ejected from the Toyota truck she was driving. Invoking the district court’s diversity jurisdiction, Copeland sued and then settled with Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation (collectively “Toyota”). Thereafter, the United States District Court for the District of Kansas ordered that essentially all the net settlement proceeds be paid to the Kansas Department of Social and Rehabilitation Services ("SRS") pursuant to Kan. Stat. Ann. § 39-719a as reimbursement for the funds it dispersed for Copeland’s medical treatment.Copeland appeals the district court’s apportionment of the settlement proceeds.