> 961 S.W.2d 560
Court of Appeals of Texas,
Michael HUEY d/b/a Clear View of Texas, Appellee.
Dec. 17, 1997.
Rehearing Overruled Jan. 13, 1998.
User of paint remover product sued manufacturer, under Deceptive Trade Practices Act (DTPA).
District Court, Bexar County, Peter Michael Curry, J., entered judgment for manufacturer and appeal was taken.
Court of Appeals, Hardberger, C.J., held that: (1) manufacturer could be sued, even though it claimed it manufactured
only component part of system; (2) there was sufficient degree of contact between manufacturer and user to support
DTPA action; (3) evidence supported determination that manufacturer made misrepresentation under DTPA; (4)
manufacturer could be found liable under DTPA even though its immediate customer was found not liable; (5)
manufacturer did not breach implied warranty of fitness for particular purpose; (6) jury could find that manufacturer
breached express warranty that product would work on virtually any surface and that it would rinse easily; (6) jury could
find that manufacturer breached warranty of merchantability; (7) causation was established, for purposes of DTPA action;
(8) jury could find that knowing misrepresentations were made, allowing for additional damages under DTPA; (9)
unconscionability was established under DTPA; and (10) patent applications and related papers were admissible to show
attempts of manufacturer to improve product, at time it was misrepresenting its qualities.
Before HARDBERGER, C.J., and LÓPEZ and ANGELINI, JJ.
HARDBERGER, Chief Justice.
A jury found that appellant, Church & Dwight Company, Inc., had violated the DTPA by making
misrepresentations about its product, Armex Blast Media, to appellee, Michael Huey, who wanted to use the product to
remove paint from the window frames of San Antonio's historic Travis Building.
The jury awarded Huey actual damages
of $9,830, additional damages under the DTPA of $50,000, and attorneys' fees.
The trial judge added $2,000 in statutory
penalties and reduced the additional damages to $17,660.
In ten points of error, Church & Dwight claims that the verdict
was legally or factually insufficient because any actions taken by the company were not taken in connection with the
original purchase of the medium and that the trial court erred in admitting hearsay evidence.
We affirm the judgment.
In 1993, Michael Huey, doing business as Clear View of Texas, won a bid to depaint and repaint the window
frames of the Travis Building in San Antonio.
To complete the job, Huey needed a material and method with which to
remove the old paint efficiently.
Huey learned of Armex, a baking soda-based product manufactured by Church &
Dwight, through a chance meeting with Andrew Taylor, a representative of San Antonio-based American Graffiti, which
uses Armex to remove graffiti from local buildings.
Huey expressed an interest in the product, and Taylor agreed to