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 name in response to discovery, and that there was sufficient evidence to support the damages awarded under the Deceptive Trade Practices Act. Justice Cornyn and Justice Hecht dissented, arguing that the trial court abused its discretion and that the judgment should be reversed; Chief Justice Phillips concurred, emphasizing the distinction between direct and consequential damages as actual damages.