Celadon Trucking Services, Inc. v. Titan Textile Co.

SUBSTITUTE OPINION

KEM THOMPSON FROST, Justice.

We overrule the motion for rehearing filed by appellant Celadon Trucking Services, Inc. We withdraw the opinion is sued in this case on October 23, 2003, and we issue the following opinion in its place.

This is a case between a shipper and a carrier under the Carmack Amendment, a federal transportation statute that creates a uniform federal law regarding the liability of interstate carriers for lost or damaged goods. 1 We must decide whether a provision in the parties’ contract constitutes an express waiver of protections afforded the shipper under…