Lollar v. A.O. Smith Harvestore Products, Inc.

GAITAN, Judge.

Appellant, A.O. Smith Harvestore Products, Inc. (“AOSHPI”), appeals the jury verdict rendered in favor of respondent, Wayne Lollar d/b/a Lollar Farms (“Lol-lar”) for fraud in the amounts of $426,000 actual and $500,000 punitive damages. The alleged fraud occurred when appellant represented its feed storage equipment to be “oxygen-limiting,” yet referred to its process as oxygen eliminating in its brochures and videotaped advertising upon which respondent relied. The respondent’s petition was initially in three counts. However, both count I, breach of implied warranty, and count…