Opinion

Brown v. American Transfer & Storage Co.

  • 23 Tex. Sup. Ct. J. 426
  • 601 S.W.2d 931
  • 1980 Tex. LEXIS 354
Court
Texas Supreme Court
Filed
Jun 18, 1980
Status
Published
Author
Steakley
On the bench
Campbell, Garwood, Steakley
Cited by
387 cases
Authority
More cited than 7.4%

Disapproved — as noted by a later court

holding that party asserting right of offset bears burden of pleading offset and proving facts © 2015 Thomson Reuters. No claim to original U.S. Government Works. 18 Triton 88, L.P. v. Star Electricity, L.L.C., 411 S.W.3d 42 (2013) necessary to support it

How later courts described this case

  • holding that party asserting right of offset bears burden of pleading offset and proving facts © 2015 Thomson Reuters. No claim to original U.S. Government Works. 18 Triton 88, L.P. v. Star Electricity, L.L.C., 411 S.W.3d 42 (2013) necessary to support it
  • holding that the payment of insurance benefits to the plaintiff was not an offsetting benefit because it came from a collateral source
  • holding that false, misleading, or deceptive practices occurring before there was a contract for interstate shipment of household goods is not preempted
  • holding that, if an objection to jury charge based upon variance between pleadings and proof is not a distinct and specific objection, it is waived

Written by the judges who cited it.

Later courts went against this

  • Disapproved — as noted by a later court

    Transfer & Storage Co., 601 S.W.2d 931 (Tex.1980), these cases are in the minority and two of them have been disapproved.
    medium confidence

Distinguished

  • Distinguished by Wayne Strand Pontiac-GMC, Inc. v. McColskey, 1982 Tex. App. LEXIS 5268 (1982)

    The facts in Brown are easily distinguishable from those in the instant case.
    Court of Appeals of TexasOct 14, 1982Read it

The opinion

DISSENTING OPINION IN PART

STEAKLEY, Justice.

I agree with the writing and holding of the Court of Civil Appeals that the collateral source rule does not apply. The issuance of the insurance policy and the payment thereunder were admissible to rebut the amount of damages because the insurance was procured pursuant to the contract between the parties. As pointed out by the Court of Civil Appeals, a fourfold recovery of damages results here from the denial of the general principle forbidding more than one recovery for the same loss. 584 S.W.2d 284 at 291-293 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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