Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Apple-Sport Chevrolet, Inc. v. Rolston

Court of Appeals of Texas, Tenth District

May 23, 2018

APPLE-SPORT CHEVROLET, INC., Appellant
v.
ROBERT CHASE ROLSTON, Appellee

          From the County Court Falls County, Texas Trial Court No. C-850

          Before Chief Justice Gray, Justice Davis, and Justice Scoggins

          MEMORANDUM OPINION

          AL SCOGGINS Justice

         In three issues, appellant, Apple Sport Chevrolet, Inc. ("Apple"), challenges a judgment entered in favor of appellee, Robert Chase Rolston, for damages resulting from the repair of Rolston's pickup truck. Because we sustain Apple's complaints as to damages, we affirm, in part, and modify the judgment, in part, conditioned on a remittitur of $2, 902.38.

          I. Background

         Here, Rolston asserted a DTPA claim against Apple, claiming that he "sought services on or about July 26, 2014 by taking his 2007 Chevrolet pickup in for repairs, " which were "not done properly causing the vehicle to be towed." In a DTPA-demand letter that was attached as an exhibit to his original petition, Rolston stated the following, in relevant part:

After you [Apple] represented to Mr. Rolston that his vehicle was ready for pick up on 7-29-14 and after driving approximately 7-10 miles the vehicle stopped and would not restart necessitating him incurring a tow bill of $125 and taking it to a diesel mechanic in Franklin, Texas.
My investigation in this matter reveals that this vehicle was taken to Garcia's Auto Repair on 7-25-14 and Mr. Garcia did not see any leaks on the fuel filter or the housing. The bill from Apple-Sport reports that there was leaking on the housing which was not true. Also Apple-Sport recommended replacing all of the injectors on the engine for a total of approximately $10, 000, which was not true. Dwayne, the diesel mechanic at CBS in Franklin, Texas examined it and said the injectors were fine.
Apple-Sport Chevrolet has clearly misrepresented its repair bill and did not fix the problem after billing Mr. Rolston $706.31.
Demand is hereby made for the repayment of the repair bill of $706.31 plus $125 in towing fees. This notice if being sent under the Texas Deceptive Trade [Practices] Act for the knowing conduct of Apple-Sport Chevrolet in misrepresenting the bill and not properly repairing the vehicle in question.

         In response to Rolston's original petition, Apple filed an answer, asserting numerous affirmative defenses. Apple also filed motions for summary judgment, which were denied. This case proceeded to a jury trial.

         At the conclusion of the trial, the jury found that: (1) Apple engaged in unconscionable conduct that caused Rolston damages; and (2) Apple knowingly engaged in false, misleading or deceptive acts that Rolston relied on to his detriment and that was the producing cause of his damages. The jury awarded Rolston $706.31 in benefit-of-the-bargain damages, $75 in out-of-pocket damages, $50 in expenses, $250 in lost profits, $80 in lost time, $5, 000 in exemplary damages, and $2, 500 in attorney's fees. Subsequently, the trial court entered a final judgment reflecting the jury's findings, including a damages award of $8, 661.31 against Apple.

         Thereafter, Apple filed a motion for JNOV, which was denied by the trial court. Apple also filed a motion for new trial that was overruled by operation of law. See Tex. R. Civ. P. 329b(c). This appeal followed.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.