Diaz v. Deavers

MOORE, Justice.

This is a suit for damages for personal injuries resulting from an assault. Appellant, Noe Diaz instituted suit against appel-lee, Frank Deavers, alleging he suffered personal injuries to his left jaw bone and face when Deavers struck him with a wrench. 1 Appellee answered with a general denial and affirmatively alleged that Diaz provoked the difficulty and that at the time he struck Diaz, he was acting in self- defense. In response to the following numbered special issues the jury found that (1) Deavers committed an assault and battery on Diaz; (2) Diaz’s injuries were the…