Johns v. Ram-Forwarding, Inc.

OPINION

WILSON, Justice.

The primary issue in this appeal is whether a plaintiff who receives a jury finding that the defendant committed civil theft, but receives zero damages on that claim, can nonetheless recover attorney’s fees awarded by the jury under the Texas Theft Liability Act. Tex.Civ.PRAC. & Rem. Code Ann. §§ 134.001-.005 (Vernon 1997 & Supp.2000). We conclude the plaintiff “prevailed” under the Act, and we affirm.

Facts

Appellee Ram-Forwarding, Inc. employed appellant Ronald R. Johns as its vice president of sales and operations for five years. After discovering that Johns had taken…