Henry S. Miller Company, Petitioner v. Douglas S. Bynum, Jr. and Starfire Engineering, Inc. D/b/a Tiffany’s Hair…

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the trial judge did not abuse discretion in permitting Douglas Bynum, Jr. to testify as a fact witness despite his failure to disclose his identity in response to discovery, because good cause was shown, and that there was some evidence supporting the damages awarded under the Deceptive Trade Practices Act. The Court also noted that direct and consequential damages are both forms of actual damages under the DTPA. Justice Cornyn and Justice Hecht dissented, arguing the trial court erred in allowing the undisclosed testimony.