Legal Opinion

D.S.A., Inc. v. Hillsboro Independent School District

Texas Supreme Court

Decided August 25, 1998No. 97-0631PublishedCited by 140 opinions

1Per curiam

Our Per Curiam opinion of May 8, 1998 is withdrawn, and the following is substituted in its place.

The principal issue in this case is whether a party may recover benefit-of-the-bargain and punitive damages for negligent and grossly negligent misrepresentations made by the other party in pre-contractual negotiations. We conclude that such damages may not be recovered under either theory, and we reverse the judgment of the court of appeals.

This suit arises out of an elementary school construction project overseen by D.S.A., Inc. (“DSA”), a construction management firm, for the Hillsboro…

2Cases cited4 opinions

  1. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  2. Arthur Andersen & Co. v. Perry Equipment Corp.Texas Supreme Court · 1997
  3. Federal Land Bank Ass'n of Tyler v. SloaneTexas Supreme Court · 1992
  4. Jim Walter Homes, Inc. v. ReedTexas Supreme Court · 1986

3Cited by140 opinions

  1. Benchmark Electronics, Inc. v. J.M. Huber Corp.Court of Appeals for the Fifth Circuit · 2003
  2. Sharyland Water Supply Corp. v. City of AltonTexas Supreme Court · 2011
  3. Yumilicious Franchise, L.L.C. v. Matthew Barrie, eCourt of Appeals for the Fifth Circuit · 2016
  4. Esty v. Beal Bank S.S.B., Texas Court of Appeals, 5th District (Dallas)2009
  5. Coghlan v. Wellcraft Marine Corp.Court of Appeals for the Fifth Circuit · 2001

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