Legal Opinion

Chamberlain v. Storch

Court of Appeals of Texas

Decided October 15, 1987No. 11-86-207-CVPublished

1Opinion of the Court

OPINION

McCLOUD, Chief Justice.

Thomas Carl Storch, joined by his wife, Connie Storch, sued William Dewitt Chamberlain seeking damages for personal injuries sustained by Thomas Storch when Chamberlain shot Storch with a pistol during a fight.

The jury awarded damages of $70,500 and rejected defendant’s plea of self-defense. Defendant appeals. We reverse and remand.

In Special Issue No. 5, the jury found that $20,000 would reasonably compensate *123Storch for his injuries. The issue contained the following instruction:

You may consider the following elements of damage, if any, and no other:

a) Physical…

2Cases cited3 opinions

  1. Diaz v. DeaversCourt of Appeals of Texas · 1978
  2. Taylor v. GentryCourt of Appeals of Texas · 1973
  3. Foster v. Bailey, Texas Court of Appeals, 1st District (Houston)1985

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