Consumer Law Decisions from Texas Supreme Court (Tex. 2008)
New Texas Auto Auction Services, LP. v. Gomez de Hernandez, No. 06-0550 (Tex. Mar. 28, 2008)(Brister)
(consumer law, auctioneer liability for selling defective car, wrongful death)
NEW TEXAS AUTO AUCTION SERVICES, L.P. D/B/A BIG H AUTO AUCTION v. GRACIELA GOMEZ DE
HERNANDEZ, ET AL.; from Hidalgo County; 13th district (13- 03-00728-CV, 193 S.W.3d 220, 04-06-06)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Brister delivered the opinion of the Court.
Daimler Chrysler Corp. v. Inman, No. 03-1189 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht)
(consumer law, product liability, class action dismissed on standing grounds, jurisdictional dismissal, DWOJ)
DAIMLERCHRYSLER CORPORATION v. BILL INMAN, DAVID CASTRO, AND JOHN WILKINS, EACH
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Nueces County; 13th district
(13-02-00415-CV, 121 S.W.3d 862, 11/20/03)
The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. Justice
Hecht delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice Medina, and
Justice Willett joined.
Chief Justice Wallace Jefferson delivered a dissenting opinion, in which Justice Harriet O'Neill, Justice
Paul Green, and Justice Phil Johnson joined.
COURT OF APPEALS CASES IN WHICH PETITION FOR REVIEW WAS DENIED
BY THE TEXAS SUPREME COURT
09‑0631 ELIJAH W. RATCLIFF v. LHR, INC.; from Polk County;
9th district (09‑07‑00566‑CV, ___ SW3d ___, 05‑28‑09, pet. denied Oct 2009)
(debt suit, breach of retail installment contract, summary judgment for plaintiff suing as assignee affirmed,
no-evidence motion for summary judgment on counterclaim granted and affirmed, adequacy of time prior to
no-evidence summary judgment)
08‑0784 FOXWORTH-GALBRAITH LUMBER COMPANY v. ROBERT PAVELKA AND DENA PAVELKA; from
McLennan County; 10th district (10-07-00246-CV, ___ SW3d ___, 08‑06‑08)
Robert and Dena Pavelka filed suit against Foxworth-Galbraith Lumber Co. alleging that Foxworth-Galbraith
had supplied them lumber which was infested with powderpost beetles. The Pavelka alleged claims for
breach of contract, negligent misrepresentation, breach of warranty, and DTPA violations. A jury found: (1)
Foxworth-Galbraith had supplied lumber which was defective because it was not fit for its ordinary purposes;
(2) the Pavelkas suffered damages in the amount of $17,384; and (3) the parties were each fifty percent
responsible for the damages. The jury refused to find in the Pavelkas’ favor on their other claims. The court
rendered judgment awarding the Pavelkas $8,662. We will reverse and remand.
08-0284 ERNEST BUSTOS v. SCHWABE, WILLIAMSON & WYATT, P.C.; from Bexar County; 4th district
(04-07-00081-CV, ___ SW3d ___, 01-23-08)(attorney-client, suit by law firm against client over fees, DTPA
counterclaim, motion to recuse judge denied)
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