Legal Opinion

Shull v. United Parcel Service

Texas Court of Appeals, 4th District (San Antonio)

Decided August 24, 1999No. 04-98-00485-CVPublishedCited by 127 opinions

1Opinion of the Court

OPINION

Opinion by:

CATHERINE STONE, Justice.

John Shull brought suit against United Parcel Service (“UPS”) seeking damages for a computer that Shull contends UPS damaged while shipping.- Summary judgment was granted against Shull in the trial court. In nine points of error, Shull challenges the trial court’s judgment. Because we conclude that the Carmack Amendment preempts all of Shull’s claims except as to actual damages and that he has failed to support his claim for actual damages, we affirm.

Factual and Procedural Background

In January of 1994, Shull hired United Parcel Service (“UPS”) to…

2Cases cited19 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
  3. Brown v. American Transfer & Storage Co.Texas Supreme Court · 1980
  4. Holt v. F.F. Enterprises, Texas Court of Appeals, 7th District (Amarillo)1998
  5. Bell v. Texas Department of Criminal Justice—Institutional Division, Texas Court of Appeals, 14th District (Houston)1998

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3Cited by127 opinions

  1. In the Interest of Z.L.T.Texas Supreme Court · 2003
  2. Paselk v. Rabun, Texas Court of Appeals, 6th District (Texarkana)2009
  3. Washington v. Bank of New York, Texas Court of Appeals, 5th District (Dallas)2012
  4. Cooper v. Circle Ten Council Boy Scouts of America, Texas Court of Appeals, 5th District (Dallas)2008
  5. Willis v. Donnelly, Texas Court of Appeals, 14th District (Houston)2003

122 more not listed; retrieve them via the Exa API.

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