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Torts Keyed to Duncan
Elbaor v. Smith
Citation:845 S.W.2d 240 (Tex. 1992)
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.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution