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Wendy Davis Slams AG Greg Abbott In New Campaign Ad

Updated: Friday, August 8 2014, 08:18 PM CDT

The Wendy Davis and Greg Abbott campaigns for Texas governor launched their first major TV buys this week.

The chilling ad from Democratic gubernatorial candidate Davis slams her Republican rival Greg Abbott for an opinion he wrote from his days as a state Supreme Court Justice.

It's airing across the state so KEYETV decided to put it to the truth test.

The ad goes back to a rape case from 1993.

It talks about a door-to-door vacuum salesman accused of raping a Seguin, Texas mother while her children slept nearby. KEYE TV found the first statements to be true.

The ad says the salesman was a sexual predator on probation. According to Supreme Court of Texas that statement is also true -- the facts noting the salesman did have a history of sexual misconduct. 

The ad goes on to state the Kirby vacuum cleaner distributor failed to perform a routine background check, but it leaves out the distributors name.

The case did go all the way to the Supreme Court of Texas with the family fighting to sue The Kirby Company -- the vacuum manufacturer. Looking at whether or not Kirby should be held responsible for its distributor failing to perform a background check on the salesman.

In a 6-3 decision the court held the company liable writing, "The question presented is whether a company that markets and sells its products through independent contractor distributors and exercises control by requiring in-home demonstration and sales, owes a duty to act reasonably in the exercise of that control. We hold that the company does owe such a duty. Accordingly we affirm the court of appeals judgment."

Abbott, a Supreme Court justice at the time, wrote a dissenting opinion arguing "Kirby retained control over where the work was to be performed, not over who was to preform that work. Failure to require background checks of potential dealers relates to who is a dealer, not where the dealer works."

In a statement an Abbott spokesperson said, "In the case referenced in Sen. Davis' despicable ad, Greg Abbott's decision left intact the liability against the sex offender and his employer. No amount of desperate distortion attempts or token ad buys by Sen. Davis can change the facts of Greg Abbott's record of fighting for Texans."

While the information shows the ad is mostly true, KEYE TV found the Davis campaign did leave gray areas in the information.

KEYE TV will continue to test ads from both sides as they are released.

By Adam Racusin

Wendy Davis Slams AG Greg Abbott In New Campaign Ad

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