Business Staffing, Inc. (Appellant/Cross-Appellee) v. Christina Viesca, Belo Wiley D/B/A Wen-Be, and Wiley Lease Co. Ltd. (Appellee/Cross-Appellant)
394 S.W.3d 733
Tex. App.2012Background
- Case bifurcated into Phase I (negligence/wrongful death) and Phase II (contract, DTPA, and cross-claims).
- Hector Viesca, employed by BSI and assigned to Wiley Lease Co., died in 2005; Phase I verdict favored the Viescas for negligence and wrongful death.
- BSI and Wiley Lease Co. previously settled with the Viescas before Phase I; Wiley paid $150,000 plus two‑thirds of any future recovery from BSI in Phase II.
- Phase II jury found BSI breached contracts, committed DTPA violations, and Wiley Lease Co. had cross-claims; damages were awarded to both.
- Trial court entered JNOV after Phase II and disregarded Phase I verdict; Phase I damages were reduced due to settlement credits.
- This court (San Antonio Court of Appeals) affirmed in part, reversed in part, and rendered accordingly, including recalibration of damages and settlement credits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Christina’s standing under the DTPA | Christina is a consumer as Hector’s beneficiary/estate. | Christina is not a consumer; no direct representations to her. | Christina not a DTPA consumer. |
| Sufficiency of damages for breach of contract support | Damages include $1,600,000 (including gross negligence etc.). | No support for $995,000 gross negligence; $605,000 for future wages allowed as breach of contract. | $605,000 damages affirmed; $995,000 portion reversed. |
| Fraud damages award and lack of damage question | Fraud findings supported damages for Viescas and Wiley Lease Co. | Insufficient evidence of fraud damages; no damage question tied to fraud. | Damages addressed only where properly connected; fraud damages not awarded due to lack of damage question. |
| Settlement credits and phase I/JNOV | Settlement credits reduce BSI’s liability; credits should be allocated. | Settlement credits apply to reduce damages; credits may exceed Phase I award. | Settlement credits reduce Phase I recovery; JNOV affirmed when credits exceed Phase I award. |
| Awards to Wiley Lease Co. for settlement costs and double recovery | Costs of settlement and related damages are recoverable under DTPA. | No double recovery; limit damages to actual loss. | Damages for settlement costs permitted; reversed portions that caused double recovery; adjusted totals. |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for legal-sufficiency review; proper evidentiary weight)
- Kennedy v. Sale, 689 S.W.2d 890 (Tex. 1985) (consumer status under the DTPA; standing)
- Bohls v. Oakes, 75 S.W.3d 473 (Tex. App.—San Antonio 2002) (consumer status for third-party beneficiaries)
- Lukasik v. San Antonio Blue Haven Pools, Inc., 21 S.W.3d 394 (Tex. App.—San Antonio 2000) (third-party consumer status and transaction focus)
- Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812 (Tex. 1997) (consumers may be beneficiaries; focus on transaction)
- Ken Petroleum Corp. v. Questor Drilling Corp., 24 S.W.3d 344 (Tex. 2000) (DTPA damages; breach or misrepresentation theories)