Gunn Infiniti, Inc., Petitioner v. Donald O’byrne, Respondent

Summary

The Texas Supreme Court held that Gunn Infiniti's settlement offers, which required O’Byrne to relinquish his claims, did not give rise to a jury question on mitigation of damages, and that the evidence presented was insufficient to support the award of mental anguish damages. Accordingly, the Court reversed the Court of Appeals' judgment, reduced the DTPA damages to three times the benefit‑of‑the‑bargain award, and remanded for further proceedings.