Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor and Sons Trucking and Rigging Co. v. Daybreak Express, Inc.

Summary

The Supreme Court of Texas held that a cargo-damage claim under the Carmack Amendment related back under Texas Civil Practice and Remedies Code section 16.068 to an earlier timely claim for breach of a settlement agreement. Because both claims arose from the shipment and resulting damage to the computer equipment, the cargo-damage claim was not barred by limitations. The court reversed the court of appeals and remanded for further proceedings.

Holdings

1. A Carmack Amendment cargo-damage claim relates back to a timely breach-of-settlement claim when both claims arise from the same occurrence and the amendment is not wholly based on a new, distinct, or different transaction or occurrence.
2. The federal complete-preemption doctrine under the Carmack Amendment does not compel the conclusion that a breach-of-settlement claim and a cargo-damage claim arise from wholly different transactions or occurrences.

Questions Presented

1. Whether, under Texas Civil Practice and Remedies Code section 16.068, a cargo-damage claim under the Carmack Amendment relates back to a timely action for breach of an agreement to settle the cargo-damage claim.
2. Whether the cargo-damage claim and the breach-of-settlement claim were wholly based on a new, distinct, or different transaction or occurrence.

Disposition

reversed_and_remanded