Dist. Ct. did not err in granting defendant-trucking company’s motion for summary judgment in plaintiff-truck driver’s action alleging that defendant breached terms of lease to haul shipments, as well as violated federal Truth-in-Leasing regulations that covered terms of said lease. While plaintiff claimed that defendant had failed to pay him correct amount for said shipments as set forth in lease, plaintiff could not bring instant breach of contract action, where: (1) clause in lease indicated that financial entries made by defendant on payment documents were presumed correct and final if not disputed by plaintiff within 30 days after payment distribution; and (2) plaintiff waited 4 years to file instant lawsuit that essentially challenged said entries. Ct. rejected plaintiff’s claim that said clause created only rebuttable presumption that could be challenged via instant lawsuit.
Federal 7th Circuit Court
Civil Court
Contracts