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Com. Code §17.46 (Vernon 1987). All conditions precedent to Ilse filing of Ihis daim have been properly salissetl and have occurred. XVI. The PlalntiN will show Thal the ~Oefendant's breadres of warranties, set ",,. forth In Pamgraphs XI-XIV, were knowingty committed, thus ernitfirg the Plalntill ~ r: ~lo additional damages, not to exceed three (3) Times the amount of actual ~ ~ ... damages found to exist by the Jury, as pmvidedin the Texas Deceptive Trade Practice erd Consumer ProtecOon Ad. - ~ .. ~ ~ - , . - . XVII- " ~ ' ~=The DelerMaM represented that lfs.produd had sponsorship, approvaL~~ ~~ thamdedstics, Irgredienls, uses, and/or benehls which the product, !n fad, rid not have. Tex. Bus. 6 Com. Code §17.d6(b)(5) (Vernon 1967). fudhermore, In ~ ", . violalbn o1 Tex Bus..tL Com. Cade:§17.46(b)(7) (Vernon 1987), the Defentlant .. -.. . _ .- represented That Ns productt was of a par0arlar standard, quality, and/or grade; when; in fact, the produdlefenedlo.M Paragraphs 111-V hereln was of arldher... „~,.,,.:,.- ~... "~ Th~el7efendeM"edver9sed31s product wkh rallMeM.ratto se0 fhethe sameesa•:.- ~~,:~;~.;:-~.r- edveilisetl. Tex Bus, 8 Com. Cade §17.46(6)(9) (Vernon .7997•).'Dle Delen- ~ . ° ~ . ~ ~ .. " ,::, .danl further tatted to dlscbse Inlormatlon ~conoemingllsprodlrcl whlcfi was ... _ ... . - ~~knolvri et the lime of the transadlon In an a0empf Io 1rMUceYha puniiaser into a ~ - ~ ~ .. .. transaction IMO which Bald purchaser would not have entered had the In- ~ .. - - . . lomlation been discbsed. Tex. Bus. B Com: Code §77,46(6)(23) (Vernon 7967): Each o1 the ads, desalted in this paragraph, was knowingly cemmilled ~, . and was further a pmdudng cause of the owuaence made the basis of Ihis suit and the Plaintiffs resuhtng in permanent injuries. XVIII. ~~` SAS a further resuM of the Delendanl's deceptive ads and pradips de- ~ .. scribed above, the Plainli6 has been compelled to engage the services of the attorney whose name is subscribed to in Ihis pleading and has agreed to pay such attorney for legal services rendered (and to be rendered) in the prepara- -~~ lion and trial of Ihis cause. AceoMingly, the Plainlil) prays that Ibis Honorable ,: Court award the Plaintiff an emouM sufficient to compensate him for a4 of his ~: legal expenses inwrred as a result of tho Delendanl's deceptive Irode practices s..: - set torah hereln. COUNT V (STRICT LV1BILffV §402B) . ~ . XIX The f)elendaM, as set lodh in the precedng paragraphs, was actively:. engaged In the business of selling dlaNels, antl during the worse of said con- duct made pubfic misrepresenlalions of maledal lads through advenising, la-.. _ bets, and otherwise. ~ ~ .. -. XX The PIaIM1N, as a user and consumer of the DelendaM's product, justi6-....r." ..~..~ ~ ~~- .. "=•~ably:ro6ed upoalhe~DelerdaMk mismpresenle0ons with respect to 115 proMrd.r.:.-~~i:~• ~~~'.: ~relened to Ih Paragraph 1f1-V. Awortgrgly, ttre Pklnfi6lnvokes the provislans •. . end protedlons Ol RFSrA1FAre+f•(5[coN01 OF TOg1S§4028.•.' ~ ~ - ...4.- -. The Delendanl's pubkc misrepresentalions o1 material lads with respell .. .. to its product through advettising, Wbels, and otherwise, were eadl a producirg pose a1 the ocwrrence made the basis of Ihis suit and the Plaintiffs resulting .. damages. 6 7