3:23-cv-02042
N.D. Tex.Dec 12, 2023Background
- Traffix (Plaintiff) alleges Quick Trucking LLC (Defendant) damaged HVAC equipment during transport from Texas to Tennessee due to a vehicle accident.
- Traffix filed a liability claim under the Carmack Amendment, seeking $47,414.40 in damages after Quick failed to pay a cargo loss claim.
- Attempts to serve Quick’s registered agent, Srafial Gebryohans, at two addresses were unsuccessful, despite multiple visits and confirmation of residency.
- Traffix moved for substituted service after traditional service methods failed and supported their motion with a process server’s sworn affidavit detailing these efforts.
- The Court considered whether substituted service (posting on the door or with a resident over sixteen) would suffice under Rule 106(b) of the Texas Rules of Civil Procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substituted service is warranted under Texas law when personal or mail service fails | Traffix: Service attempts at agent’s residence failed; seeks authority for substituted service via posting/with resident | Quick: No argument presented; did not respond to the motion | Court grants substituted service based on compliance with Rule 106(b) |
| Whether process server’s affidavit sufficiently establishes agent’s residence as appropriate service location | Traffix: Affidavit and evidence (residency, vehicle, wife’s confirmation) show address is agent’s abode | Quick: No response | Court agrees affidavit suffices to establish residence |
| Whether Srafial Gebryohans is properly identified as Quick’s registered agent | Traffix: Affidavit and complaint identify Gebryohans as agent | Quick: No response | Court finds prima facie showing of agency suffices |
| Whether substituted service by posting or delivery to a resident over sixteen is reasonably calculated to give notice | Traffix: Such methods are likely to give notice | Quick: No response | Court agrees, authorizes posting or delivery to adult resident |
Key Cases Cited
- Wilson v. Dunn, 800 S.W.2d 833 (Tex. 1990) (affidavit for substituted service must strictly comply with procedural requirements)
- State Farm Fire & Cas. Co. v. Costley, 868 S.W.2d 298 (Tex. 1993) (court may authorize service by alternate means after unsuccessful attempts)
- Conseco Fin. Servicing v. Klein Indep. Sch. Dist., 78 S.W.3d 666 (Tex. App.—Houston [14th Dist.] 2002) (allegations in filings can provide prima facie evidence of registered agent status)