Legal Opinion

Mi-Jack Products, Inc. v. Braneff

Texas Court of Appeals, 1st District (Houston)

Decided March 12, 1992No. 01-90-00002-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

DUGGAN, Justice.

This is an appeal from a judgment awarding damages on a jury verdict in favor of the plaintiff in a personal injury case. The controlling issue concerns the application of rule 408 of the Texas Rules of Civil Evidence in determining the admissibility of a “Mary Carter” agreement. 2 We hold, in the circumstances of the case, that evidence of the agreement should have been admitted to prove the interests of the settling parties.

On October 20, 1982, appellee Thomas Braneff s right leg was crushed by a Tra-velift gantry crane. The extent of the injury necessitated…

2Cases cited13 opinions

  1. Scurlock Oil Co. v. SmithwickTexas Supreme Court · 1986
  2. Booth v. Mary Carter Paint CompanyDistrict Court of Appeal of Florida · 1967
  3. General Motors Corp. v. SimmonsTexas Supreme Court · 1977
  4. American Cyanamid Co. v. Frankson, Texas Court of Appeals, 13th District1987
  5. City of Houston v. Sam P. Wallace and Co.Texas Supreme Court · 1979

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3Cited by7 opinions

  1. Texas Capital Securities, Inc. v. Sandefer, Texas Court of Appeals, 1st District (Houston)2001
  2. St. Paul Surplus Lines Ins. Co., Inc. v. Dal-Worth Tank, Texas Court of Appeals, 7th District (Amarillo)1996
  3. Elbaor v. SmithTexas Supreme Court · 1993
  4. Elbaor v. SmithTexas Supreme Court · 1993
  5. Loretta Salazar, Individually, and on Behalf of the Estate of Ernest Salazer v. Hector A. Payan, M.D., Texas Court of Appeals, 8th District (El Paso)2023

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