Smith v. Baley

The defendant, Terminix International, Inc., appeals from the denial of its motion to compel arbitration and stay all proceedings. We determine that the trial judge lacked jurisdiction to act on that motion.

The plaintiffs brought suit alleging that they sustained personal injuries as a result of Terminix’ negligent application of pesticides at their home. The plaintiffs rented property from the defendant, Henry Baley. Baley contracted with Terminix to perform pest control services at the property. The contract contains the following arbitration clause:

ARBITRATION. The Purchaser and Terminix…