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ELBAOR v. SMITH

No. 2-90-027-CV.

845 S.W.2d 282 (1991)

James E. ELBAOR, M.D., Appellant, v. Carole Mercer SMITH, Appellee.

Court of Appeals of Texas, Fort Worth.

April 10, 1991.

Attorney(s) appearing for the Case

Shannon, Gracey, Ratliff & Miller, and John Hill Cayce, Jr., E. Earl Harcrow, and D. Robert Jones, Fort Worth, for appellant.

Dixie & Mauzy, and George C. Dixie, Aglaia D. Mauzy, and Calvin B. Almquist, Dallas, for appellee.

Before FARRIS, LATTIMORE and MEYERS, JJ.

OPINION

FARRIS, Justice.

Smith filed a medical malpractice suit against six defendants, voluntarily dismissed two, entered into Mary Carter Agreements with three, and after a favorable jury verdict, was granted a judgment for $1,872,848.62 against the remaining defendant, Elbaor. Elbaor raises three points on appeal: the court erred in overruling his motion to dismiss the settling defendants because Mary Carter Agreements are against public policy, the evidence...

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