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Torts Keyed to Miller
Elbaor v. Smith
Citation:
845 S.W.2d 240 (1992)Facts
Carole Smith (Plaintiff) had an injured ankle and was treated by multiple doctors including Elbaor (Defendant). She continued to receive treatment from specialists over the next three years, but ultimately her ankle joint fused. The plaintiff sued the defendants for medical malpractice. The plaintiff then entered Mary Carter agreements with all but one of the defendants, which are settlement agreements where the defendant retains a financial stake in the plaintiff’s recovery from other defendants and remains a party at the trial of the case. Elbaor requested the trial court to hold the Mary Carter agreements void as against public policy.
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