HOUSTON – Awards under the Deceptive Trade Practices Act for a man who allegedly was falsely imprisoned after being accused of stealing a truck were reversed by the Court of Appeals for the First District on Aug. 8.
"We reverse the trial court’s judgment and render judgment that Martinez take nothing against Champion Chevrolet on his DTPA claim," Justice Richard Hightower wrote. "We remand the case to the trial court for consideration of the jury’s alternative finding that (defendant) Champion Chevrolet instigated the false imprisonment of (Genaro) Martinez."
Martinez filed claims against Charlie Thomas Chevrolet, doing business as Champion Chevrolet Gulf Freeway, over allegations of false imprisonment and violation of the DTPA after he was arrested. Martinez had purchased a new pickup truck from the Chevy dealer in November 2011 but after a paperwork error, it appeared as if the truck had been stolen. The ruling states the sales rep put the incorrect VIN for the truck Martinez purchased.
A jury for the 164th District Court in Harris County sided with Martinez and awarded him $25,000 for mental anguish, $500 for loss of use of the truck, $75,000 in additional damages for the DTPA violations, plus $21,900 in attorney’s fees. The jury held that Martinez was 15 percent responsible, so Martinez opted to recover his DTPA claim “because it provided a greater recovery,” according to the opinion. The lower court also denied the defendant’s motion to disregard the jury’s ruling and enter judgment notwithstanding the verdict (JNOV).
Champion appealed and said the DTPA claims should be reversed, stating the court erred on the DTPA ruling because the claims were "impermissible attempt to recast his instigation-of-false-imprisonment allegations as an unintentional tort," the plaintiff did not present evidence of economic damages and the alleged actionable conduct did not produce a cause of harm, the ruling states.
Hightower pointed out that Martinez’s lawsuit came from what happened after he purchased the vehicle and isn’t related to the quality or suitability of the truck.
“The VIN mistake in the paperwork was not an unconscionable act that took advantage of Martinez to a grossly unfair degree in the sale of the truck to him…,” Hightower wrote. "... Champion Chevrolet is correct that this case is only an instigation-of-false imprisonment case. Accordingly, the trial court erred in denying Champion Chevrolet’s motion to disregard and for JNOV, which asserted this complaint. The trial court should have found for Champion Chevrolet as a matter of law on Martinez’s DTPA claims on this basis and should have rendered judgment that Martinez take nothing on his DTPA claims."
Justices Russell Lloyd and Peter Kelly concurred with the ruling.