Rodziewicz was driving a 1999 Volvo conventional tractor-trailer on I-90 in Lake County, Indiana, when he struck a concrete barrier. His truck was stuck on top of the barrier, and the state police contacted Waffco Heavy Duty Towing to help in the recovery. Before Waffco began working, Rodziewicz asked how much it would cost to tow the truck. He was told that the fee would be $275, and there was no discussion of labor or other costs. Rodziewicz instructed Waffco to take his truck to a Volvo dealership. After a few minutes of work, Waffco pulled Rodziewicz's truck off the barrier and towed the truck to its towing yard a few miles away. Subsequently, Waffco notified Rodziewicz that, in addition to the $275 towing fee, he would have to pay $4,070 in labor costs. Waffco calculated its labor charges as $.11 cents per pound. Waffco would not release the truck until payment was made, so Rodziewicz paid the total amount. Was Rodziewicz contractually obligated to pay Waffco the $4,070 labor fee?

  • CreatedJuly 16, 2014
  • Files Included
Post your question