ELBAOR v. SMITH

No. D-1163.

845 S.W.2d 240 (1992)

James E. ELBAOR, M.D., Petitioner, v. Carole Mercer SMITH, Respondent.

Supreme Court of Texas.

Rehearing Overruled January 20, 1993.


Attorney(s) appearing for the Case

John Hill Cayce, Jr., E. Earl Harcrow, and D. Robert Jones, Fort Worth, for petitioner.

George C. Dixie, Aglaia D. Mauzy, Calvin B. Almquist, David E. Keltner, Dallas, Craig M. Price, and Karen S. Precella, Fort Worth, for respondent.


OPINION

GONZALEZ, Justice.

In this medical malpractice case we consider: 1) whether the trial court should have submitted to the jury a requested issue concerning the plaintiff's contributory negligence; and 2) whether Mary Carter agreements are void as contrary to public policy. The trial court rendered judgment in favor of the plaintiff, and the court of appeals affirmed. 845 S.W.2d 282. We hold that the trial court...

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