Articles Posted in North Carolina Supreme Court

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Robert King signed an arbitration agreement at the time of his initial appointment with Dr. Michael Bryant, who was to perform a bilateral inguinal hernia repair on King. In the course of the surgery, Bryant injured King’s distal abdominal aorta, resulting in complications. King and his wife, Jo Ann O’Neal (together, Plaintiffs) filed a complaint against Bryant and Village Surgical Associations, P.A. (collectively, Defendants). Defendants filed a motion to stay and enforce the arbitration agreement. The trial court denied Defendants’ motion to enforce the arbitration agreement, concluding that the agreement was too indefinite to be enforced. The court of appeals reversed. On remand, the trial court again declined to enforce the arbitration agreement, concluding that it was the product of constructive fraud and was unconscionable and, therefore, was unenforceable. The court of appeals affirmed on unconscionability grounds. The Supreme Court affirmed as modified, holding that the arbitration agreement was unenforceable on breach of fiduciary duty, as opposed to unconscionability, grounds. View "King v. Bryant" on Justia Law