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Hall v. B-H Transfer Co.

Plaintiffs failed to point to any evidence that they sustained actual damages because of defendant's violations of the disclosure requirements of the Truth-in-Leasing regulations, 49 CFR §§ 376.1 et seq., promulgated under the federal Motor Carrier Act, 49 USC §§ 14101 et seq., and the trial court thus properly granted summary judgment to defendant.

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Bobby Hall, III, John B. King, and Russell S. Sheppard appeal the trial court’s grant of summary judgment to B-H Transfer Company on the plaintiffs’ claim for violations of the disclosure requirements of the Truth-in-Leasing regulations, 49 CFR §§ 376.1 et seq., promulgated under the federal Motor Carrier Act, 49 USC §§ 14101 et seq. The plaintiffs argue that the trial court erred by finding that they had presented no evidence of actual damages due to B-H’s violations of the regulations. We agree with the trial court that the plaintiffs have failed to point to any evidence that they have sustained actual damages because of B-H’s violations of the regulations. We therefore affirm the trial court.

The plaintiffs are independent motor vehicle owner-operators who entered contracts with B-H to transport goods. At some point, the plaintiffs believed that B-H was underpaying them. They filed this action in 2003, alleging, among other things, breach of contract and violation of the disclosure requirements of the Truth-in-Leasing regulations. The trial court granted B-H summary judgment on the breach of contract claim, and we affirmed the judgment without opinion. Gay v. B. H. Transfer Company, 316 Ga. App. XXIV July 2, 2012 unpublished.

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