ESPARZA v. SCOTT AND WHITE HEALTH PLAN

No. 03-94-00730-CV.

909 S.W.2d 548 (1995)

Jesus ESPARZA and Brenda Esparza/Scott and White Health Plan, Appellants, v. SCOTT AND WHITE HEALTH PLAN/Jesus Esparza and Brenda Esparza, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 16, 1995.


Attorney(s) appearing for the Case

David Fernandez, Jr., Temple, for appellants.

Martin Randal Merritt, Dallas, for appellees.

Before POWERS, KIDD and B.A. SMITH, JJ.


BEA ANN SMITH, Justice.

This case presents the question of whether a contractual agreement providing for a right of subrogation completely removes the issue of subrogation from the realm of equity.

Brenda and Jesus Esparza (the "Esparzas") settled a medical malpractice claim with Dr. Larry Orrick and King's Daughters Clinic (collectively "Dr. Orrick") for injuries sustained by their son, Zachary. Scott & White Health Plan ("Scott & White") intervened...

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