Walden v. Jeffery

Lena Jeffery sued her dentist, Dr. Terry Walden, for falling to provide her dentures that fit, as he had promised. She pleaded three causes of action: violation of the Texas Deceptive Trade Practices — Consumer Protection Act, TexBus. & Com.Code §§ 17.46(b)(5), (7); breach of implied warranties of fitness and suitability; and breach of an oral contract. Jeffery did not plead a cause of action for negligence. The trial court granted Walden’s motion for summary judgment on all of Jeffery’s claims. A divided panel of the court of appeals affirmed the summary judgment on Jeffery’s contract claim…