Sears, Roebuck and Co. v. Nichols

OPINION

ELLIS, Justice.

This is a Deceptive Trade Practices-Consumer Protection Act (DTPA) implied warranty case. Appellees sued Sears, Roebuck and Company (Sears) for personal injury damages allegedly resulting from repairs to the appellees’ riding lawn mower. Ap-pellees alleged that Sears was negligent and breached the implied warranty to repair or modify existing tangible goods or property in a good and workmanlike manner, constituting a violation of the DTPA. Tex.Bus. & Com.Code Ann. § 17.41 et seq. Following a non-jury trial, the trial court entered judgment in favor of appellees finding…