C.A.R. Transportation Brokerage Co. v. Darden Restaurants, Inc.

This case arises out of a dispute concerning the payment of $5,750.00 in freight charges incurred when Trans-Pac Foods, Ltd. (Trans-Pac) arranged to send three truckloads of shrimp to Darden Restaurants, Inc. (Darden). The plaintiff in this case, C.A.R. Transportation Brokerage Company, Inc. (CAR), filed suit against Darden and Trans-Pac claiming that, under 49 U.S.C. § 13706 , Darden and/or Trans-Pac (collectively, Appellees) must pay it for the freight charges generated by the three shipments. CAR appeals the district court’s grant of summary judgment holding that “Waiver of Claim by Subcontractor” forms signed by truck drivers for the carriers of the shrimp shipments lawfully allocated liability for the freight charges under the Interstate Commerce Act (ICA). CAR also appeals the court’s holding that the drivers had ostensible authority to sign the waivers on behalf of their principals. We affirm the judgment of the district court.

I. BACKGROUND

In January 1997, Darden purchased frozen shrimp from Trans-Pac in Los Ange-les for delivery to Darden’s warehouse in Indianapolis, Indiana. Darden’s purchase price for the shrimp included freight charges from Trans-Pac’s facilities in…