Hermelink v. Dynamex Operations East, Inc.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This suit arises from an independent contractor agreement entered into by plaintiff, Jack Hermelink, and defendant, Dynamex Operations East, Inc., for the operation of a delivery truck. Plaintiff alleges that on September 8, 1998, he en tered into an oral agreement with defendant to drive a dedicated delivery route. On that same day, defendant’s agent presented him with a written contract which purportedly set forth the terms of the parties’ oral agreement. Plaintiff signed the written contract without reading it, and now claims that the writing…