Legal Opinion
Daybreak Express, Inc. v. Lexington Insurance Co.
Texas Court of Appeals, 14th District (Houston)
Decided July 7, 2011No. 14-09-01032-CVPublishedCited by 4 opinions
1Opinion of the Court
SUBSTITUTE MAJORITY OPINION
WILLIAM J. BOYCE, Justice.
The majority and dissenting opinions issued on January 11, 2011 are withdrawn, and the panel issues the following substitute majority and dissenting opinions.
In this subrogation action, Lexington Insurance Co. sued Daybreak Express, Inc. in connection with property damage that occurred during the interstate shipment of *798electronic equipment owned by Burr Computer Environments, Inc.
The trial court found that (1) Lexington proved all elements of a Carmack Amendment claim under 49 U.S.C. § 14706 (2006); (2) the claim was not time-barred under…
2Cases cited38 opinions
- Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
- Jones v. R. R. Donnelley & Sons Co.Supreme Court of the United States · 2004
- Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
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3Cited by4 opinions
- Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor and Sons Trucking and Rigging Co. v. Daybreak Express, Inc.Texas Supreme Court · 2013
- Daybreak Express, Inc v. Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor & Sons Trucking & Rigging Co., Texas Court of Appeals, 14th District (Houston)2013
- Daybreak Express, Inc. v. Lexington Insurance Co., Texas Court of Appeals, 14th District (Houston)2011
- Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor and Sons Trucking and Rigging Co. v. Daybreak Express, Inc.Texas Supreme Court · 2012