Sale v. Kennedy

OPINION

OSBORN, Justice.

This is a deceptive trade practice case. The question presented on this appeal is whether an employee to whom a misrepresentation about coverage under a group health policy was made was the consumer where the employer alone purchased and paid for the policy. We hold that the employee was not a consumer under the terms of the Deceptive Trade Practice Act. Tex. Bus.& Com.Code Ann. sec. 17.46 et. seq. We reverse the judgment of the trial court and remand.

The Plaintiff Francis Kennedy was an employee of the Martin County Hospital District. In late 1978 or early 1979, the…