Bendix obtains dismissal on behalf of client

March 9, 2016 | General Liability

Bruce Bendix won dismissal of a lawsuit involving an allegedly defective bed purchased by the plaintiff from our client’s store.  Plaintiff sought reimbursement for the cost of the bed and damages for her personal injuries.  Bruce served a motion to dismiss and argued that these claims are subject to an arbitration agreement contained within the purchase documents that plaintiff signed.  Plaintiff opposed the motion claiming that the arbitration agreement was not sufficiently specific and did not cover her personal injury claim.  The court agreed with our position that the arbitration agreement was sufficiently specific and that the portion that provided that tort claims must be arbitrated encompassed the personal claim.

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