Texas Supreme Court
General Motors Corporation, Petitioner v. Curtis Lee Simmons, Respondents
November 9, 197721 Tex. Sup. Ct. J. 57
Summary
The Texas Supreme Court reversed the lower courts and remanded for a new trial, holding that the trial court erred in excluding the "Mary Carter" settlement agreement evidence, which was material to the jury’s assessment of bias and financial interest. The Court affirmed the lower court’s denial of indemnity to Feld Truck Leasing and its driver, finding no legal basis to shift the plaintiff’s recovery to them. A dissent argued that the appellate court’s decision should be affirmed. The decision also addressed the interaction of Article 2212 and Article 2212a in allocating contribution among negligent and strictly liable tortfeasors.