Smith, et al. v. Captain D's, LLC
| Docket Number: | 2006-CA-00024-SCT Linked Case(s): 2006-CA-00024-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-14-2007 Opinion Author: CARLSON, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Arbitration - Scope of agreement Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, RANDOLPH AND LAMAR, JJ. Dissenting Author : DICKINSON, J. Concurs in Result Only: DIAZ, P.J., AND GRAVES, J. Procedural History: Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 12-21-2005 Appealed from: Alcorn County Circuit Court Judge: Sharion R. Aycock Disposition: Granted Appellee's Motion to Compel Arbitration & Dismissed all of Appellant's claims against Appellee Case Number: CV04-281AA |
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| Party Name: | Attorney Name: | |||
| Appellant: | TAMMY SMITH BY AND THROUGH HER FATHER
& NEXT FRIEND, ALVIN CHRISTOPHER SMITH |
DUNCAN L. LOTT |
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| Appellee: | CAPTAIN D’S, LLC | BRADLEY FAREL HATHAWAY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Arbitration - Scope of agreement |
| Summary of the Facts: | Tammy Smith, by and through her father and next friend, Alvin Smith, sued Captain D’s, LLC, for negligent hiring, supervision, and retention based upon alleged rape by a supervisor. The judge granted Captain D’s motion to compel arbitration and dismissed all of Tammy’s claims against Captain D’s. Tammy appeals. |
| Summary of Opinion Analysis: | When confronted with arbitration issues, courts must first determine whether the parties have agreed to arbitration of the dispute and if it is determined that they have, then a determination must be made as to whether legal constraints external to the parties’ agreement foreclosed arbitration of those claims. The court must consider whether there is a valid arbitration agreement and whether the parties’ dispute is within the scope of the arbitration agreement. Tammy filled out an application for employment, which included a single-page arbitration agreement entitled “CAPTAIN D’S EMPLOYMENT DISPUTE RESOLUTION PLAN.” The agreement required both Captain D’s and Tammy to submit claims between them to binding arbitration and stated that if Tammy did file a lawsuit, Captain D’s could use the agreement to dismiss the lawsuit and compel arbitration. With regard to the scope of the agreement, the question is whether Tammy’s rape claim arises out of or relates to “[Tammy’s] application for employment, employment, and/or cessation of employment with Captain D’s,” so as to subject Tammy’s sexual assault claim to arbitration. Although the language in the arbitration provision is broad, a claim of sexual assault neither pertains to nor has a connection with Tammy’s employment. Therefore, the circuit court’s judgment compelling Tammy to arbitration and dismissing her claims is reversed. |
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