Sec. 482.108. - Actions by others to include lienholder.

No person shall be entitled to recover or receive damages on account of hospital care, treatment and maintenance unless he shall affirmatively show that he has paid the cost thereof. It is specifically provided that, in any action, suit or counterclaim brought on account of illness, injury, disability, infirmity, abnormality disease or pregnancy, the plaintiff or counterclaimant may include as an item of damages the cost of hospital care, treatment and maintenance, if, prior to the trial of the action, he shall have notified the lienholder of the pendency of such action or counterclaim, whereupon the lienholder shall have the right, without leave of court, to intervene in the case and prove the reasonable cost of hospital care, treatment and maintenance. A verdict rendered in favor of the plaintiff or counterclaimant shall set forth the amount the jury finds to be due the lienholder for hospital care, treatment and maintenance and the name of the lienholder. A judgment rendered in the case in favor of the plaintiff or counterclaimant shall also be in favor of the lienholder in the amount set forth in the jury's verdict. (Ord. 82-106-120, § 1; Ord. 83-591-400, § 1) Note— Former § 540.108.