LEXINGTON INS. CO. v. DAYBREAK EXP., INC.

No. 11-0597.

393 S.W.3d 242 (2013)

LEXINGTON INSURANCE COMPANY, as Subrogee of Burr Computer Environments, Inc. and J. Supor and Sons Trucking and Rigging Co., Petitioner, v. DAYBREAK EXPRESS, INC., Respondent.

Supreme Court of Texas.

January 25, 2013.


Attorney(s) appearing for the Case

Scott Benjamin Novak , Daniel Lee Fulkerson , Lorance & Thompson, PC, Houston, TX, for Respondent Daybreak Express, Inc.

Loren R. Smith , Kelly Smith & Murrah PC, Houston, TX, for Petitioner Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor and Sons Trucking and Rigging Co.


PER CURIAM.

We grant in part the limited motion for rehearing by respondent Daybreak Express, Inc., withdraw our opinion of August 31, 2012, and substitute the following opinion in its place.

The principal question in this case is whether, for purposes of Section 16.068 of the Texas Civil Practice and Remedies Code, an action for cargo damage against a common carrier, brought under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706...

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