Scurlock Oil Co. v. Smithwick
Texas Supreme Court
1Opinion of the Court
OPINION ON MOTION FOR REHEARING
KILGARLIN, Justice.
Our opinion of June 25, 1986 is withdrawn, and the following is substituted.
Two principal questions confront us: (1) the admissibility of a “Mary Carter” agreement from a prior trial which involved the same defendants but different plaintiffs; and, (2) the collateral estoppel or issue preclusion effect to be given to jury findings made in the prior trial.
As a result of a van/truck collision in Victoria County in December, 1982, two men were killed. The heirs of one man, George Smithwick, filed suit in Nueces County against Missouri Pacific…
Also in this document: Concurrence.
2Cases cited16 opinions
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- General Motors Corp. v. SimmonsTexas Supreme Court · 1977
- Butler v. EatonSupreme Court of the United States · 1891
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- McGuire v. Commercial Union Insurance Co. of New YorkTexas Supreme Court · 1968
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