Appeal from the 61st District Court Harris County, Texas
Trial Court Cause No. 2015-27991
consists of Justices Christopher, Jamison, and Donovan.
Hill Jamison Justice.
issues, appellant Bradley Washburn challenges the trial
court's grant of summary judgment in favor of appellee
Sterling McCall Ford as to Washburn's Texas Deceptive
Trade Practices Act (DTPA) claims. We conclude that Sterling
McCall conclusively established its entitlement to summary
judgment as to these claims and affirm.
purchased a used 2012 Dodge Ram truck from Sterling McCall.
The salesperson told Washburn that a "lift kit" and
larger tires had been installed on the truck.
received a "Buyers Guide, " which indicates that
"a manufacturer's warranty comes with the
vehicle" and the truck was still under the
"manufacturer's warranty, " and instructs the
buyer to "[c]onsult the manufacturer's warranty
booklet for details as to warranty
manufacturer's warranty booklet includes the following
limitations, in relevant part:
[Y]our warranties don't cover any part that was not on
your truck when it left the manufacturing plant or is not
certified for use on your truck. Nor do they cover the costs
of any repairs or adjustments that might be caused or needed
because of the installation or use of non-Chrysler parts,
components, equipment, materials, or additives.
Performance or racing parts are considered to be non-Chrysler
parts. Repairs or adjustments caused by their use are not
covered under your warranties.
of the types of alterations not covered are:
• installing accessories-except for genuine
Chrysler/MOPAR accessories installed by an authorized
Chrysler, Dodge, Jeep or Ram dealer . . .
• changing the vehicle's configuration or dimensions
. . . .
a month after Washburn purchased it, the truck began
experiencing mechanical difficulties. Washburn took it to a
Dodge dealership for repairs. He was informed by that
dealership and by Chrysler's customer service that the
needed repairs were not covered by the warranty because
"there was a restriction on the truck."
then contacted the dealership that sold the truck to the
original owner and was told that after the lift kit was
installed, the original owner brought the truck in for
repairs of a "drive shaft issue." Chrysler also
refused to cover those drive shaft repairs under the
ultimately made the repairs at his own expense and filed the
underlying lawsuit against Sterling McCall, bringing causes
of action under the DTPA and for breach of contract and
negligence. The trial court ...