Tuesday, November 29, 2022

Arbitration Agreement Bars Lawsuit in Case Involving a Fall From a Truck

In the case of Waters v. Express Container Services, 2022 Pa. Super. 182 (Pa. Super. Oct. 18, 2022 Collins, J., Olson, J., Dubow, J.) (Op. by Collins, J.), the Pennsylvania Superior Court found that a Plaintiff was bound by the arbitration provisions of an equipment lease for the truck he was inspecting at the time of the accident such that the Plaintiff was required to arbitrate his claims for personal injury instead of pursuing them by way of a lawsuit.

According to the Opinion, the Plaintiff was allegedly injured when he fell from a catwalk on the top of a tanker-trailer that he was inspecting at a trucking terminal.   

In its decision, the Pennsylvania Superior Court re-affirmed the notation that Pennsylvania law favors the enforcement of the arbitration agreements.  This was particularly so where the validity of the arbitration agreement in this case was undisputed.

The court stated that a contract clause in this matter, which required the arbitration of any claims arising out of or relating to the contract, also served to cover tort or other non-contract causes of action.

Anyone wishing to review a copy of this decision may click this LINK.

I thank Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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