Archibald v. Act III Arabians

SPEARS, Justice.

The issue in this case is whether there is an implied warranty of good and workmanlike performance that applies to horse training services. Petitioner John Archibald placed an Arabian mare in the training program offered by respondent Act III Arabians. While under the care of Act III Arabians, the mare was injured and eventually had to be destroyed. Archibald sued Act III Arabians, alleging negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act (DTPA). Tex.Bus. & Comm.Code Ann. § 17.41 et seq. (Vernon 1987). The jury answered all issues on the…