Legal Opinion

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)

Decided October 15, 2013No. 14-09-01032-CVPublished

1Opinion of the Court

OPINION ON REMAND

WILLIAM J. BOYCE, Justice.

Lexington Insurance Co. sued Daybreak Express, Inc. in this subrogation action in connection with property damage that occurred during the interstate shipment of electronic equipment owned by Burr Computer Environments, Inc.

The trial court found that (1) Lexington proved all elements of a claim under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C.A. § 14706; (2) the claim was not time-barred under the applicable statute of limitations; and (3) Lexington sustained damages of $85,800. The trial court signed a final judgment in favor of…

2Cases cited16 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. New York, New Haven & Hartford Railroad v. NothnagleSupreme Court of the United States · 1953
  3. Hoskins v. Bekins Van LinesCourt of Appeals for the Fifth Circuit · 2003
  4. Shull v. United Parcel Service, Texas Court of Appeals, 4th District (San Antonio)1999
  5. Moffit v. Bekins Van Lines Co.Court of Appeals for the Fifth Circuit · 1993

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