Central operates its fleet of vehicles in interstate and intrastate commerce and is subject to regulation by the Interstate Commerce Commission (the "ICC") and similar regulatory agencies in each of the states where it conducts business. Central maintains a fleet of tractor trailer units, employing both Company drivers and lease operators such as the plaintiffs. Defendant Central is a trucking company based in High Point, North Carolina, where it is engaged primarily in the transportation of commodities in bulk. Accordingly, the Court will consider only those claims asserted by plaintiffs which relate to their status as lease operators.ģ. This claim was dismissed by the Court at trial. In their original and amended complaints the Garbrough plaintiffs alleged a separate cause of action relating to their employment as Company drivers. Three of the plaintiffs, James Pulley, Kendall Goodman and Deborah Goodman, presently are employed by Central as Company drivers. One of the plaintiffs, Paul Hilliker, also was employed by Central for a short period of time as a Company driver. Plaintiffs leased tractors, which they owned and operated, to Central and hauled a variety of bulk commodities in trailers provided by the Company.Ģ. Plaintiffs are twenty-one (21) present and former lease operators with Central. What is the statute of limitations governing plaintiffs' claims.īased upon the stipulations of the parties, the testimony presented at trial, and the exhibits which have been received into evidence, the Court makes the following findings of fact:ġ. § 75-1.1 are otherwise barred as a matter of law.ħ. Whether plaintiffs' claims under N.C.G.S. § 75-1.1 with respect to matters governed by the lease agreements between plaintiffs and Central.ĥ. Whether Central engaged in unfair and deceptive trade practices in violation of N.C.G.S. Whether Central engaged in fraudulent misrepresentation with respect to matters governed by the lease agreements between plaintiffs and Central.Ĥ. 1057.2-1057.12 governing contractual requirements between common carriers and lease operators.ģ. Whether Central breached the written lease agreements between plaintiffs and Central.Ģ. The trial was based on the following issues presented by the pre-trial order:ġ. The case was tried on the question of liability from Monday, October 24, 1994, through Friday, Octofrom Monday, October 30, 1994, through Wednesday, Novemand from Tuesday, November 8, 1994, through Thursday, November 10, 1994, when the trial ended.ĭuring the trial the court admitted into evidence a collection of joint trial exhibits (hereafter "Joint Exhibits") together with exhibits pertaining to each Plaintiff (for example, Garbrough Exhibits). Doyle, Jr., of the firm of Constangy, Brooks & Smith in Winston-Salem, North Carolina. ("Central" or the "Company") was represented by John J. Lee, III, of the firm of Lee & Lee in Whiteville, North Carolina. Masters, of the law firm of Masters, Mullins & Arrington in Louisville, Kentucky, and Junius B. Plaintiffs were represented by Richard L. This case came on for a bench trial in Wilmington, North Carolina, pursuant to 28 U.S.C. McCOTTER, United States Magistrate Judge. John Doyle, Winston-Salem, NC, for defendant. Lee, III, Whiteville, NC, for plaintiffs. Wampler, James Burden, and Michael McCorkle, Kendall Goodman, Deborah Goodman, Plaintiffs, Howard Truman JACOBS and Robert Edwin Williams, Plaintiffs,
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