Torts Keyed to Prosser
Elbaor v. Smith
Facts
The Plaintiff suffered serious injuries as a result of an automobile accident and required significant medical attention. She was treated at various times by Dr. Syrquin, Dr. Elbaor, Dr. Stephens and Dr. Gatmaitan. Plaintiff filed medical malpractice claims against the Defendants, all four above doctors, D/FW Medical Center, and Arlington Community Hospital (ACH), (Defendants) due to a fused ankle that resulted from treatment. Prior to trial, Plaintiff settled and dismissed her claim against D/FW Medical Center and non-suited her claim against Dr. Gatmaitan. She also entered into “Mary Carter” settlement agreements with Dr. Syrquin, Dr. Stephens and ACH. The agreements provided that they would pay plaintiff a total of $425,010, remain as defendants, participate in the trial, and be paid back all or a portion of the settlement money out of the recovery against Dr. Elbaor. Dr. Elbaor requested the agreements be voided, or the settling Defendants be dismissed from trial. The tria l court denied the requests and proceeded with trial. The jury awarded Plaintiff damages in the amount of $2,253,237, allocating responsibility between Dr. Elbaor (88%) and Dr. Syrquin (12%). The trial court entered judgment against Dr. Elbaor for $1,872,848. The Court of Appeals affirmed.
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