Sudden Death: The Supreme Court of Texas Kills Mary Carter: Elbaor v. Smith, 845 S.W.2d 240 (Tex. 1992)

Abstract

Analyzes the decision in Elbaor v. Smith, 845 S.W.2d 240 (Tex. 1992) where the Supreme Court of Texas determined that plaintiff’s agreements failed to promote settlement and adversely affected the trial process. The court determined that because remedial measures taken by the courts were insufficient to combat the ill effects of these agreements, the agreements were void as against public policy. The court defined such an agreement as any agreement in which a "settling defendant retains a financial stake in the plaintiff's recovery and remains a party at the trial.