Friday, October 10, 2014

Elbaor v. Smith case brief summary

Elbaor v. Smith case brief summary

F: P received maltreatment at other facilities from other specialists. P filed against multiple Ds. Prior to suit, P entered into Mary Carter settlement with some of D. It provided that those Ds would pay her some money, remain as Ds, participate in the trial of the case, and be paid back all or part of the settlement money paid to P out of the recovery against remaining D.

R: Mary Carter agreements, where a settling D has a stake in the outcome of a case against co-Ds, are violative of public policy 

C: reversed

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