W.o. Bankston Nissan, Inc., Petitioner v. Kelly Joe Walters, Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals and affirmed the trial court's judgment granting judgment n.o.v. to Kelly Joe Walters. The Court held that Walters failed to prove either the out‑of‑pocket or benefit‑of‑the‑bargain measure of damages required under the Deceptive Trade Practices Act, so his cause of action failed. Justice Mauzzy filed a concurring opinion noting that DTPA damages may also include related and necessary expenses and that the two traditional measures are not exclusive.