GUNN INFINITI, INC. v. O'BYRNE

No. 98-0333.

996 S.W.2d 854 (1999)

GUNN INFINITI, INC., Petitioner, v. Donald O'BYRNE, Respondent.

Supreme Court of Texas.

Decided June 24, 1999.

Rehearing Overruled August 26, 1999.


Attorney(s) appearing for the Case

Douglas W. Alexander, Dana C. Livingston Cobb, Austin, Jonathan Yedor, San Antonio, for Petitioner.

Harry B. Adams, III, Universal City, for Respondent.


Justice OWEN delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice ABBOTT, Justice HANKINSON, Justice O'NEILL and Justice GONZALES join.

We are called upon to decide whether various offers made to a consumer before he sent a DTPA notice letter and filed suit entitled the seller to a jury instruction or question on mitigation of damages. We conclude that in a DTPA case, a defendant's offer that attempts to ameliorate...

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