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Recreational Facility Wins Motion to Dismiss
Spilman successfully prosecuted a Motion to Dismiss and to Compel Arbitration in the Circuit Court of Kanawha County, West Virginia on behalf of a client that operates a popular recreational facility in the area. A minor participating in activities at this facility had suffered a fairly substantial foot injury, and the minor's parents filed suit, despite the fact that they had previously signed a Release/Waiver Agreement on the minor's behalf. Because this Release/Waiver contained an arbitration agreement and delegation provision mandating that all arbitrability disputes be separately determined by arbitration, Spilman moved to dismiss the suit with prejudice and to compel arbitration. In return, the plaintiffs sought to "disclaim" the Release/Waiver on grounds of contract formation, procedural unconscionability, substantive unconscionability, and public policy. After extensive briefing followed by oral argument in front of a local judge well known for evaluating and questioning all sides of every issue, Spilman won the motion, and the matter was dismissed with prejudice and ordered to proceed in arbitration. The plaintiffs subsequently decided not to pursue their claim further in arbitration, resulting in a complete victory for Spilman's client.

Litigation Don C. A. Parker
304.340.3896 James E. Simon