Wimmer files suit against Bill Davis Racing

Scott Wimmer filed a lawsuit earlier this week against Bill Davis Racing, claiming he is owed $1.2 million in salary for the 2006 season because the team did not follow the procedure in the contract to fire him.

In the suit filed Monday in North Carolina Superior Court in Greensboro, N.C., Wimmer alleges BDR did not tell him until Oct. 24, 2005, that he would not be the driver in 2006.

He claims that violated a clause in the contract which states that if the driver is not in the top 25 in the standings by Sept, 1, "team shall have the right to issue a written notice that driver is being placed on a 30-day notice stating that performance level must be improved to the satisfaction of sponsor and team by September 30th of current year or team may issued [sic] a written notice of termination of driver agreement at the end of current Nextel Cup season."

Wimmer claims he received no written notice, that the team told the media around Oct. 8 that he would return in 2006 but then sent him a termination letter Oct. 24.

According to the lawsuit, Wimmer was being paid $600,000 for the 2004 season, $900,000 for 2005 and $1.2 million for 2006. He also received 45 percent of prize money as well as 33.3 percent of royalties from team merchandise. Scenedaily.com