Sisters Of St. Joseph Of Peace, Health, And Hospital Services v. Russell

318 Or. 370, 867 P.2d 1377 (1994)

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Nature of the Case

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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.