United States Fidelity & Guaranty Co. v. Goudeau

joined by Justice HECHT, Justice O’NEILL, Justice WAINWRIGHT, Justice MEDINA, and Justice WILLETT.

One can imagine few more sympathetic litigants than Louis Goudeau, a “Good Samaritan” who stopped his car on a Houston freeway to help a stranded motorist. After leaving his car to approach the disabled one, Goudeau was severely injured when a third driver smashed into both cars and pinned him between them and a retaining wall.

There is no question Goudeau can recover from the driver who caused this accident — he already has. But that driver had only $20,000 in insurance. The question instead is…