Defendant refused payment and told plaintiff that he would not be paid from the settlement proceeds because Johnson had informed him that Johnson had already paid plaintiff. Plaintiff obtained a default judgment against Johnson but failed to prove-up damages. Instead, plaintiff proceeded to trial against defendant on the allegations of the complaint. During trial, the court ruled, as a matter of law, that plaintiff had perfected a valid lien and later instructed the jury to this effect. The trial court denied defendant's motions for post- trial relief.
Defendant now appeals.
The Act, by its terms, imposes a lien for medical services rendered upon the claims of injured persons who have causes of action against third parties. The Act further sets out the manner and form of the notice required to give effect to the lien. As a general principle, we first acknowledge that although statutes imposing liens are liberally construed to effectuate the purpose intended by the enacting legislation, statutory liens are limited in operation and extent by the terms of the statute. The court held that the act of requesting adjudication waived the requirements of the statute. In the case at bar, the party to be charged, Johnson, acknowledged the existence of the lien.