Vogelsang v. Reece Import Autos, Inc.

HOWELL, Justice.

Appellant, Dave Vogelsang (Vogelsang), sued appellee, Reece Import Autos, Inc., (Reece), under the Texas Deceptive Trade Practice — Consumer Protection Act (DTPA) 1 for damages relating to allegedly faulty automotive paint work performed by Reece. At the close of Vogelsang’s case in chief, Reece moved for an instructed verdict, asserting that Vogelsang had failed to present sufficient evidence of damages to require the submission of an issue thereon. The trial court granted Reece’s motion and entered a take-nothing judgment on the instructed verdict.

On appeal, Vogelsang…