13 F. Supp. 3d 686
E.D. Tex.2014Background
- Collision on October 4, 2011 between Withers's motorcycle and a Schneider National tractor-trailer in a highway construction zone where Knife River was performing work; Withers alleges injury from Schneider's negligent turn.
- Plaintiff Withers sued Schneider in federal diversity court on February 26, 2013 alleging negligence; discovery cutoff December 4, 2013; jury selection set for March 3, 2014.
- Schneider moved on December 5, 2013 to designate Knife River as a "responsible third party" under Tex. Civ. Prac. & Rem. Code § 33.004; Knife River's statute of limitations expired October 4, 2013.
- Key legal question: whether Schneider's post‑limitations disclosure of Knife River satisfied § 33.004(d)'s "timely disclosure" requirement, and whether § 33.004 applies in federal diversity cases (vs. Fed. R. Civ. P. 14).
- Court denied Schneider's motion and struck the relevant portion of Schneider's amended answer, holding the disclosure untimely under § 33.004(d).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Tex. Civ. Prac. & Rem. Code § 33.004 in federal diversity case | Rule 14, not § 33.004, governs third-party practice in federal court | § 33.004 is substantive and compatible with Rule 14; it governs designation (not joinder) of responsible third parties | Court: § 33.004 is substantive, applies in this federal diversity action and does not conflict with Rule 14 |
| Timeliness under § 33.004(d) for designating a time‑barred third party | Schneider's motion filed more than 60 days before trial is timely; Federal discovery rules alter disclosure timing | Knife River's role evident from day one; defendant had duty to disclose before limitations ran | Court: Disclosure after limitations ran (filed Dec. 5, 2013) was untimely under § 33.004(d); designation precluded |
| Effect of differing disclosure obligations (Fed. R. Civ. P. vs Texas rules) | Federal rules (Rule 26) control; Texas disclosure duties only arise on request, so no untimeliness | State substantive statute requires timely disclosure to preserve balance; defendant must disclose as soon as reasonably possible | Court: Despite procedural differences, defendant must timely disclose responsible parties so § 33.004(d) retains meaning; Schneider failed that duty |
| Sufficiency of evidence that Knife River was at fault | Withers: no evidence Knife River caused any part of injury | Schneider: Knife River's construction negligence may have contributed to accident | Court: Did not reach merits because Schneider's designation was precluded as untimely |
Key Cases Cited
- Molinet v. Kimbrell, 356 S.W.3d 407 (Tex. 2011) (addressed conflict between time-bar limitations and ability to join time-barred responsible third parties)
- City of Dallas v. Abbott, 304 S.W.3d 380 (Tex. 2010) (statutory construction presumption that Legislature intends just and reasonable results)
- Werner v. KPMG, 415 F. Supp. 2d 688 (S.D. Tex. 2006) (distinguishing Rule 14 joinder from § 33.004 designation of responsible third parties)