17.49(e) & 17.50

QUESTIONS
1) The author of the book says that you can get pecuniary loss (and therefore economic damages under 17.50(b)(1)) for loss steming from a personal injury (i.e. rehab & medical expenses). How can you square that w/17.49(e)'s exclusion for PI damages?

2) The author of the book in p. 250 & 260 seems to say that physical damages are included in the definition of actual damages. Although pre 1995 cases say this, the author says that this definition continues but now it only applies to 17.50(h) b/c thats the only part of the DTPA that allows for actual damages. Once again, how do you square that the 17.49(e)?

ANSWER
As you can see from a quick Westlaw or Lexis search, there is no case law interpreting 17.49(e).

I read 17.49 (e) NOT as a bar on personal injury damages, but as a bar to pursuing what should be a personal injury tort CASE via the DTPA. The tort claim must be brought in tort. If there are other aspects of the situtation that are non-personal injury, these could be brought via the DTPA.

I think that 17.50(h) trumps 17.49(e) given the language of 17.50(h) "notwithstanding any other provision of this subchapter...."