Gunn Infiniti, Inc. v. O'BYRNE

996 S.W.2d 854 (1999)

GUNN INFINITI, INC., Petitioner,

v.

Donald O'BYRNE, Respondent.

No. 98-0333.

Supreme Court of Texas.

Argued January 14, 1999.

Decided June 24, 1999.

Rehearing Overruled August 26, 1999.

Douglas W. Alexander, Dana C. Livingston Cobb, Austin, Jonathan Yedor, San Antonio, for Petitioner.

Harry B. Adams, III, Universal City, for Respondent.

We are called upon to decide whether various offers made to a consumer before he sent a DTPA notice letter and filed suit entitled the seller to a jury instruction or question on mitigation of damages. We conclude that in a DTPA case, a defendant's…