Gunn Infiniti, Inc. v. O'BYRNE

OPINION

HARDBERGER, Chief Justice.

INTRODUCTION

This is an appeal from a jury finding against appellant, Gunn Infiniti, on Texas Deceptive Trade-Practices Act (DTPA) and common law fraud claims. The basis of the suit was that Gunn sold appellee, David O’Byrne, a damaged and repaired car, but said that it was new and undamaged. When O’Byme found out the truth, he sued. The jury awarded O’Byrne $21,500 in actual damages and $50,000 in exemplary damages, plus attorney’s fees. We affirm the judgment.

FACTS

In July 1993, O’Byme, a resident of Shreveport, Louisiana, began looking for an Infiniti G-20.…