Gray v. Mon Van Moving Services
Plaintiffs Tom and Alayna Gray timely appeal from a judgment entered after the trial court granted summary judgment to defendants Mon Van Moving Services (Mon Van), Premier Van Lines, Inc. (Premier), and Gary Grubb.[1] On appeal, plaintiffs make four arguments: (1) their contract with defendant Mon Van, which contains a provision requiring that claims for loss or damage be submitted within nine months, is unconscionable and thus unenforceable; (2) they substantially complied with this contract provision; (3) defendants improperly asserted the nine-month limitations period as a basis for summary judgment because this affirmative defense was not raised by the pleadings; and (4) defendants failed to submit evidence that they were carriers governed by the nine month limitations period. Court conclude that none of these arguments has merit, and affirm.
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