Parties Involved

  • Plaintiff(s): Jesus Hernandez
    • Counsel for Plaintiff: Chris Arnell | Marcus Lamone Fifer
    • Expert witness for Plaintiff: None
  • Defendant(s): Southern Solar, LLC
    • Counsel for Defendants: Martin P. Averill, Esq
    • Expert witness for Defendant:None

 Verdict Information

  • Verdict Date: 15thNovember 2023
  • Damages awarded to Plaintiff:$496,662

 About the Fraudulent Case


The plaintiff alleged that the defendants, who were solar panel sales representatives, made several fraudulent misrepresentations to induce the plaintiff into purchasing a solar panel system. These alleged fraudulent misrepresentations included promising reduced monthly power bills, a buyback program, federal tax credits, and an independent electrical grid impervious to power outages. After installation, the plaintiff claimed that the solar panels did not generate enough electricity as promised, and the plaintiff did not qualify for the tax credits as represented. The defendants then asserted that the plaintiff needed additional panels and attempted to have the plaintiff verify the tax credit eligibility with their accountant, who also misled the plaintiff.


The plaintiff asserted that the defendants’ conduct violated the Texas Deceptive Trade Practices Act by misrepresenting the products’ characteristics and benefits, as well as failing to disclose known information that would have prevented the plaintiff from entering into the contracts. The plaintiff alleged fraud based on the false representations made to induce the sale.


The plaintiff sought economic damages, mental anguish damages, additional DTPA damages, exemplary damages, fees, interests, and a declaratory judgment voiding the contracts as procured by fraud and deception.

Jury verdict:

The jury rendered a verdict favoring the Plaintiff, resulting in a substantial award of $496,662. The breakdown of the awarded sum included $196,662 designated as actual damages. Additionally, the jury authorized an additional $300,000 in damages, pursuant to Tex. Bus. & Com. Code Ann. § 17.50(b).