IN RE: HUB GROUP TRUCKING (2021)

Supreme Court of Texas.

IN RE: HUB GROUP TRUCKING, INC.; Wael Al-Ashqar; Mapletree Transportation, Inc.; and Dennis Eads, Relators

No. 20-0241

Decided: June 25, 2021

Lindsay Gorbach, Gregory Ryan Brenner, Dallas, Dale R. Rose, Constance Michelle Broome, for Relator Eads, Dennis. Lindsay Gorbach, Dallas, Constance Michelle Broome, Gregory Ryan Brenner, Dallas, for Relator Mapletree Transportation, Inc. Jonathan Melton, for Relator Wael Al-Ashqar. Amy Witherite, Dallas, Rosalyn Renee Tippett, J. Martin Futrell, Dallas, for Real Party in Interest. Craig Hubert Myers, Dallas, O. Rey Rodriguez, Thomas W. Fee, Meredith Clayton Allen, Dallas, for Relator Hub Group Trucking, Inc. Roger W. Hughes, Harlingen, Sadie A. Horner, Michael H. Bassett, Dallas, for Amicus Curiae Texas Association of Defense Counsel (TADC).

In this mandamus proceeding, Relators Hub Group Trucking, Inc.; Wael Al-Ashqar; Mapletree Transportation, Inc.; and Dennis Eads ask us to review the trial court's order striking a controverting affidavit from Marilyn Pacheco and orders denying Relators' motions for reconsideration. The counteraffidavit was offered under Texas Civil Practice and Remedies Code section 18.001 to challenge the reasonableness of Real Party in Interest Susan Kenna's alleged medical expenses as set forth in affidavits submitted under section 18.001.

The trial court ruled without the benefit of our recent opinion in In re Allstate Indemnity Co., ––– S.W.3d ––––, 2021 WL 1822946 (Tex. 2021) (orig. proceeding). We believe the trial court should have the opportunity to reconsider its orders in light of that opinion. Accordingly, we deny the petition for writ of mandamus without prejudice to give the trial court that opportunity.

PER CURIAM

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