# Brown v. American Transfer & Storage Co.

> Texas Supreme Court · June 18, 1980 · 23 Tex. Sup. Ct. J. 426

URL: https://www.frixlaw.com/law-library/cases/9645203

## Case

- **Full name:** Raymond J. BROWN, Petitioner, v. AMERICAN TRANSFER AND STORAGE COMPANY, Respondent
- **Court:** Texas Supreme Court
- **Decided:** June 18, 1980
- **Citations:** 23 Tex. Sup. Ct. J. 426; 601 S.W.2d 931; 1980 Tex. LEXIS 354
- **Precedential status:** Published
- **Opinion:** Dissent by Steakley
- **Judges:** Campbell, Garwood, Steakley
- **Cited by:** 387 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved — as noted by a later court.
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9645203

## How later opinions describe it (automated extraction)

- 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
- recognizing that collateral source rule justly deprives a wrongdoer of the benefit of insurance independently obtained by the injured claimant

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9645203. Public record. Not legal advice.