PJC Business 2024

D AMAGES

PJC 115.11

Recovery of treble damages is the same whether the claim is brought directly under chapter 541 or is brought through DTPA § 17.50(a)(4). In Vail v. Texas Farm Bureau Mutual Insurance Co. , 754 S.W.2d 129, 137 (Tex. 1988), the supreme court held that this DTPA section “incorporates article 21.21 [now chapter 541] ... in its entirety,” including its treble damages provision. Cap on treble damages. The maximum recovery under DTPA §17.50(b)(1) is treble damages. Jim Walter Homes, Inc. v. Valencia , 690 S.W.2d 239, 241 (Tex. 1985). Rather than submit to the jury the rather convoluted formula in section 17.50(b)(1), it is preferable to have the jury supply whatever amount it wishes as “additional dam ages” and have the court impose the statutory ceiling on the recovery actually awarded at judgment.

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