Martin v. McKee Realtors, Inc.

McGEE, Justice.

We must determine whether a plaintiff’s failure to request a special issue regarding discretionary damages under section 17.-50(b)(1) of the Deceptive Trade Practices Act amounted to a waiver of recovery of such damages. The trial court rendered judgment against McKee Realtors, Inc., Jean Rush, and Ruby Lyons, (McKee), for $2,800 actual damages, $2,000 statutory damages, and $3,500 attorney’s fees. The court also awarded $5,400 discretionary damages despite the Martins’ failure to request a jury issue on those damages. McKee appealed only the award of discretionary damages and…