Jenkins v. Percival

STEWART, Justice:

Plaintiff Julie Jenkins appeals the trial court’s denial of her motion to compel arbitration based on an oral agreement between her and USF & G to arbitrate her action for personal injuries against Gerald C. Percival. We reverse and remand.

Julie Jenkins and her two minor children were injured when a wheel came off defendant Gerald Percival’s truck and struck the car the Jenkins were riding in. Jenkins, through counsel, undertook to settle her claim and the claims of her two minor children with Percival’s insurance carrier, defendant USF & G Insurance Co. In a telephone…