Scurlock Oil Co. v. Smithwick

I concur in the court’s opinion but only write in an attempt to clear up the Mary Carter admissibility quagmire.

As the court recognizes, General Motors Corporation v. Simmons, 558 S.W.2d 855, 858-859 (Tex.1977), permits disclosure of a Mary Carter agreement to impeach a settling party’s financial interest in the plaintiff’s case. However, a party’s financial interest under a Mary Carter agreement never becomes an issue at trial unless a settling party does something to help the plaintiff recover. Clayton v. Volkswagenwerk, 606 S.W.2d 15, 19 (Tex.Civ.App.—Houston [1st Dist.] 1980, writ ref’d…