Obstetrics & Gynecologists v. Pepper

693 P.2d 1259 (1985)

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Nature of the Case

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Facts

Obstetrics & Gynecologists (D) ran a clinic that required all patients to sign an arbitration agreement. This agreement provided that all disputes would be submitted to binding arbitration. If the patient did not sign the agreement, D would not provide service. D was able to provide lower cost care because this waiver decreased litigation costs. Pepper (P) went to D for oral contraceptives. P's signature was on the agreement, but she says she does not remember signing it or having anyone explain it to her. Because of D's negligence in filling the prescription, P was partially paralyzed. P filed suit against D based on D's negligence in filling the prescription. D filed a motion to stay P's action for negligence pending arbitration and to direct arbitration to proceed. The motion was denied. The court ordered P to prepare findings of fact and conclusions of law, but because D could never agree to them, they were never filed. The trial court ruled for P, holding that D did not meet the burden of showing that a binding agreement existed. D appealed.