Dist. Ct. did not err in granting defendant's motion for summary judgment in plaintiff-truck driver's action alleging that defendant had failed to pay him portion of gross revenues it had collected on plaintiff's loads as required by parties' contract. Contract gave plaintiff right to receive 70 percent of gross revenues that defendant had collected pursuant to "rated freight bill" or "computer-generated document with same information" to prove that defendant had properly paid plaintiff for each load. However, contract also required that all disputes regarding pay be resolved within 30 days of receipt of either rated freight bill or computer-generated document, and record showed that: (1) plaintiff received computer-generated document at time he received his pay; (2) plaintiff never disputed or requested to view source documents within instant 30-day window; and (3) plaintiff did not bring instant action until years after his last haul/pay check from defendant. Fact that defendant did not receive computer-generated documents containing all of the same information that was contained in rated freight bill did not require different result, since plaintiff always had ability to verify accuracy of computer-generated document for purpose of raising any pay dispute.
Federal 7th Circuit Court
Civil Court
Contracts