SmartBrief
0
Confirm favorite deletion?
Torts Keyed to Duncan
Elbaor v. Smith
Citation:
845 S.W.2d 240 (Tex. 1992)Facts
Carole Smith (plaintiff) was injured in a car accident when her car went off the highway and hit a tree. She suffered multiple injuries including a compound fracture to her ankle. She went to Dallas/Fort Worth Medical Center (defendant) for treatment where Dr. Syrquin (defendant) performed emergency surgery. After eight days, she was transferred to Arlington Community Hospital (defendant) and treated by Drs. Elbaor, Stephens, and Gatmaitan (defendants). She continued to receive treatment from specialists over the next three years, but ultimately her ankle joint fused.
The plaintiff filed a medical malpractice suit against the first two medical centers she visited and their doctors. She entered Mary Carter agreements with Dr. Syrquin, Dr. Stephens, and Arlington Community Hospital, and she dropped her claims against Dallas/Fort Worth Medical Center and Dr. Gatmaitan. Dr. Elbaor, the only remaining defendant, filed cross claims against Dr. Syrguin, Dr. Stephens, Dr. Gatmaitan, and Arlington Community Hospital, and further requested the trial court to hold the Mary Carter agreements void as against public policy.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
6m 39s
Topic Refresher Course 