Texas Supreme Court

Riverside National Bank, Petitioners v. James Lewis, Respondent

June 18, 198023 Tex. Sup. Ct. J. 418

Summary

The Texas Supreme Court held that James Lewis was not a consumer under the Deceptive Trade Practices Act (DTPA) and therefore could not recover under that statute, but affirmed his recovery on a common law fraud theory and remanded for further consideration of exemplary damages. The Court reversed the appellate court's DTPA award and sent the case back to determine if the evidence supports punitive damages. Justice Campbell dissented, arguing that the DTPA does apply to loan transactions.